GOKULA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Gokula Naik faced trial in the Court of learned Judicial Magistrate First Class, Loisingha in G.R. Case No.637 of 1993 (T.R. No. 112 of 1994) for offences punishable under sections 341 and 354 of the Indian Penal Code. The learned Trial Court vide impugned judgment and order dated 02.03.1995 acquitted the petitioner of the charge under section 341 of the Indian Penal Code but found him guilty under section 354 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/- (rupees one thousand), in default of payment of fine, to undergo rigorous imprisonment for two months more.

(2.) The prosecution case, as per the first information report lodged by the victim "T" is that on 04.11.1993 in the afternoon while she had been to take bath to the village canal, at an isolated place, the petitioner getting opportunity caught hold of the right hand of the victim and when the victim protested the petitioner, the later squeezed her breast. The victim shouted which drew the attention of other persons who were working in the nearby field and those persons came and rescued the victim from the petitioner. When the elder brother of the victim came to the spot, the petitioner fled away and the victim complained before the village Panch for settlement of the dispute for which she could not lodge the F.I.R. promptly.

(3.) During course of trial, the prosecution examined six witnesses. P.W.1 is the victim and she stated about the occurrence. P.W.2 Dullava Sahu is the brother of the victim and he is a post occurrence witness who stated that the matter was not settled before the village Panch for which after ten days of the occurrence, the matter was reported before Police. P.W.3 Bhubane Behera and P.W.4 Markanda Behera are the eye witnesses to the occurrence. P.W.5 Gopinath Behera stated to have seen the petitioner fleeing away from the spot. He further stated that the village Panch was called to settle the dispute. P.W.6 Pitambara Paramguru is the Investigating Officer.