KHAGESWAR KUNAR AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellants having been convicted by the learned Sessions Judge, Balasore in S.T. No. 201 of 1993 (G.R. Case No. 987 of 1992 for offence under Section 3(i)(x) & (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and having been sentenced to undergo rigorous imprisonment for a period of one year have filed this appeal.

(2.) The prosecution case is that on 01.09.1992 around 10 to 10.30 AM, when Kanchan (PW.1) was coming from the river side in search of her goats near the land of one Kumuda Kunar, accused Khageswar abused her uttering "Sali, Ghodagehi Dhobani etc." and caught hold of the hair tuft and assaulted making her lie on the ground. It is stated that when P.W. 1 raised alarm other accused persons came and assaulted by giving blows and kicks when accused Lambodar also caused injury on her left wrist by a sickle. Brother of P.W.1 namely, Narahari also assaulted when accused Kumuda pulled the wearing sari of P.W. 1 making her naked. At this point of time, local Gramarakhi arrived and seeing them, the accused persons fled away. The informant (P.W.1) and her brother (P.W.6) were medically examined and they reported the matter in writing at Amarda Police Out-Post vide Ext.1. The case having been registered, investigation commenced, incriminating articles such as blouse and stick etc. were seized and finally on completion of investigation, the charge sheet was submitted.

(3.) The trial court having recorded the evidence of eight witnesses examined from the side of the prosecution which includes the victim informant (P.W.1), her brother (P.W.6), the other injured and eyewitness P.W.2 and other official witnesses such as medical officer and police officer sat over to decide the complicity of the accused persons and to find out as to how far the prosecution has been able to establish the charges against the accused persons.