BULI DEI Vs. KRUSHNA MOHAN PAHADSINGH

JUDGEMENT

(1.) This revision at the instance of the informant, Buli Dei, in G.R. Case No. 651 of 1989 has been preferred against the judgment of the learned Magistrate First Class, Khurda, acquitting accused persons from the offences U/ss. 294/354/34 IPC.

(2.) Shorn of unnecessary details, the prosecution case is that on 12-9-1989 evening when the informant was shouting regarding theft of three yokes from her house, accused Krushna Mohan Pahadsingh being followed by his brother Braja Mohan Pahadsingh, the other accused, came from their house and abused her in filthy language. To this when the informant protested, accused Krushna Mohan having undressed himself dragged her cloth, as a result, she becomes naked. This incident, according to the informant had been witnessed by Purnachandra Samantray and Gajendra Baliarsingh. Against such illegal act of the accused, she lodged a written report to the police, whereupon, investigation was taken up and on conclusion thereof, chargesheet was placed against both the accused to stand their trial under Sections 294/354/34, IPC.

(3.) Plea of the accused is one of denial and false implication due to previous enmity.