PANCHU PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Judgment of conviction under S. 354 of the Indian Penal Code, 1860 (in short, the 'IPC') and sentence of one year rigorous imprisonment as awarded by learned Judicial Magistrate First Class, Khandapara (in short, the 'JMFC') and affirmation thereof in appeal by learned Sessions Judge, Puri, form the subject-matter of challenge in this revision application.

(2.) The petitioner stood charged for commission of offences punishable u/Ss. 341/354/323, IPC. The prosecution case is that on 23-9-1984 morning the petitioner outraged the modesty of one Bhaskar Dei (P.W. 3) in the vegetable field of Banamali Pradhan, the informant. Bhaskar Dei is claimed to be the sole witness to the occurrence being the victim herself. According to her, while she was plucking vegetables, the petitioner came from her back side and squeezed her breast and attempted to commit rape on her. She protested and tried to free herself from the clutches of the petitioner who was trying to take her towards the jungle, and in the process she sustained bleeding injuries. When she raised alarm, the accused-petitioner left her. It is alleged that the petitioner made her naked by dragging her saree. After P.W. 3 returned to her house, she narrated the incident to some co-villagers and also to her husband. The matter was reported to the village committee and a meeting was convened on 23-9-1984 itself. Though accused indirectly admitted his guilt, he did not come forward to settle the matter. The villagers asked the informant and the victim to wait for some time, so that the matter could be settled. Since there was no progress, the FIR was lodged and investigation was undertaken. After completion of investigation, chargesheet was submitted and the petitioner faced trial.

(3.) The petitioner denied the allegations. His plea was that because of animosity, he has been falsely implicated. On evaluation of evidence of the victim and certain corroborating factors like convening of meeting as deposed by the witnesses, the courts below found the petitioner guilty under S. 354, IPC. He was acquitted of the other charges.