GOURANGA CHARAN PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Sessions Judge, Mayurbhanj, Garipada upholding the conviction of the petitioner (hereinafter referred to as the accused) under sections 447 and 354 I.P.C. but modifying the sentence to undergo rigorous imprisonment for three months for the first count and rigorous imprisonment for one year for the second count.

(2.) Shortly stated, the persecution case is that on 15.10.1987 at about 8.30 to 9 A.M. while the prosecutrix Kumari Durgabati Dandapet (P.W. 1) aged about 19 years was easing in the Ban Adjoining her house, the accused along with one Dilip Kumar Patra went near the Ban and thereafter only the accused entered inside the Ban and outraged the modesty of P.W. 1 by holding her hand and pulling her wearing saree. On hearing the alarm raised by P.W. 1, when her mother Binatarani Dandapat (P.W. 2) came to the Ban, the accused took to his heels giving a threat to P.W. 1 that he will see her in future. The first information report (Ext. 1) detailing the above incident having been lodged at Badeahi Police Station, investigation was taken up and after completion of investigation charge-sheet having been submitted, the accused and his associate faced trial for the offences punishable under sections 447, 341, 342, 354, 506 read with Section 114 I.P.C.

(3.) The defence was one of denial. According to the accused, the case had been falsely foisted out of previous enmity.