AMBARISHA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant-Ambarisha Behera, in the present appeal, has assailed the judgment of conviction and order of sentence dtd. 22/3/2007 passed by the learned Sessions Judge, Dhenkanal in C.T. (Special) Case No. 41 of 2023, whereby he was found guilty of offence under Sec. 354 of IPC as well as under Sec. 3 (1)(xi) of the S.C. & S.T. (PoA) Act, 1989 and in lieu of such conviction, the learned trial court sentenced the appellant R.I. for six months on the count of conviction under Sec. 3 (1)(xi) of the S.C. & S.T. (PoA) Act, 1989. However, no separate sentence was awarded for offence under Sec. 354 of IPC.

(2.) Heard Mr. Ramesh Chandra Behera, learned counsel for the appellant and Mrs. Siva Mohanty, learned Additional Standing Counsel for the State.

(3.) The prosecution story in the present case narrates that on 21/2/2001 at about 9.00 A.M. the victim, (P.W.7), was collecting some branches from the mango trees standing by the side of the road. It is alleged that the accused came there from jungle side and started dragging the victim towards jungle by using force. The victim tried her best to get out of her clutch and ultimately escaped by giving the accused a slap. It is further alleged that when the accused received the slap, he had bit on the right hand of the victim. The victim then raised cry which invited the attention of Siba Sahu, Palau Senapathy and others, who were working in the nearby brick kiln and when they arrived, the accused left the place by leaving his bicycle and napkin and ran away towards jungle. One Ratnakar Nayak, who was working nearby and one Ani Sethy, who was going on the road to the tank to take bath are said to have seen the incident. The victim after the said incident came crying to her house narrated the incident and her father in turn approached the village chief Jaladhar Sahu in the matter by making a complaint in writing. A meeting was called for the purpose, but the accused did not come to attend the same. Thereafter, the matter was reported at Mahabi road Police out-post under Parjang Police Station on 22/1/2001 at 10.20 A.M.