SUDHAKAR SARANGI Vs. STATE

JUDGEMENT

(1.) Petitioner assails his conviction and sentence under Ss. 354/448 of Penal Code, 1860 (in short 'I. P. C.').

(2.) On the allegation that in the evening of 15-3-1982, the accused-petitioner trespassed into the house of the husband of the informant and outraged the latter's modesty, the petitioner faced trial. The learned Judicial Magistrate, First Class, Baripada, convicted him under Ss. 354/448, I.P.C. and sentenced him to undergo rigorous imprisonment for 6 months and 3 months respectively for outraging the modesty of the informant and for committing house trespass, and the sentences were directed to run concurrently.

(3.) Prosecution case is that on the pretext of finding out whether the husband of the informant (Minaketan) was present at home on the date of occurrence, the accused went to his house and when asked the informant came out of the house. The accused enquired about Minaketan's presence from her to which she answered in the negative. Instead of going out, the accused went behind her and put out the lantern which was burning inside the house, and caught hold of her right hand and while pulling the same, asked the informant to come outside, with an ulterior motive. In course of such pulling the bangles worn by the informant were broken and she suffered from scrap injuries on her right fore-arm. On hearing shout of the informant, one Harihar Das (P.W. 5) came running and saw bleeding injuries on the hand of the informant. After Minaketan's return, first information report was lodged on 16-3-1982 at about noon. The informant was medically examined on 17-3- 1982, and after completion of investigation of charge-sheet was submitted against the accused-petitioner who faced trial.