KALIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal has been preferred by the appellant assailing the judgment and order dtd. 10/12/2002 passed by the learned 1st Addl. Sessions Judge, Puri in S.T. Case No. 20/92 of 2001. By the said judgment, the learned trial court convicted the appellant for the offence punishable under Sec. 354 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for three months.

(2.) The prosecution case, in brief, is that on 27/2/1998 at about 5:00 P.M., the informant's father, Bhima Das, and her brother, Kalia Das, were working in their land. As it suddenly started raining, the informant, Bisika Das, proceeded to the spot to provide them with an umbrella and pakhia. While returning to the village, the accused allegedly obstructed her in the land locally known as "Naapa Chak", expressed his desire to have sexual intercourse with her, caught hold of her and attempted to drag her. Since the place was secluded, the informant, out of fear, raised an alarm. Hearing her cries, her uncle, Nakula Das, arrived at the spot, upon which the accused fled away. The informant belongs to the 'Harijan' community, whereas the accused is from the 'Sabarna' category. On the same day, the informant orally reported the incident before the O.I.C., Kanas Police Station, who reduced the information into writing, registered the case and directed the A.S.I. Ananda Swain (P.W.6) to take up investigation. In course of investigation, P.W.6 visited the spot, examined the witnesses, arrested the accused and forwarded him to Court. Upon completion of the investigation, charge-sheet was submitted on 15/10/1998.

(3.) On the basis of the materials available on record, charges were framed against the accused-appellant. Upon his plea of complete denial and claim for trial, he was accordingly put to trial. The accused was charged under Sec. 354 of the Indian Penal Code for assault or criminal force to a woman with intent to outrage her modesty, read with Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, alleging commission of the offence on a member of the Scheduled Caste community on account of her caste identity.