BUDHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal is directed against the judgment and order dtd. 27/8/1997 passed by the learned Special Judge-cum-Judge, Special Court, Kandhamal-Boudh, Phulbani in G.R. Case No. 135 of 1995, whereby the appellant has been convicted for offences punishable under Ss. 337 and 448 of the Indian Penal Code and Sec. 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.200.00, in default to undergo rigorous imprisonment for fifteen days, for the offence under Sec. 3(1)(xi) of the SC & ST (PoA) Act; rigorous imprisonment for three months for the offence under Sec. 448 IPC; and rigorous imprisonment for one month for the offence under Sec. 337 IPC. The learned trial court further directed that all the sentences shall run concurrently.

(2.) Heard Mr. D.P. Dhal, learned Senior Counsel, for the appellant and Ms. Suvalaxmi Devi, learned Additional Standing Counsel for the State.

(3.) The prosecution case, in brief, is that the victim, P.W.1, is a Scheduled Tribe woman belonging to the "Kandh" sub-tribe. The accused is a "Sundhi" by caste and, as such, does not belong to any Scheduled Caste or Scheduled Tribe community. On 28/4/1995 at about noon, while the victim (P.W.1) was sleeping in her house, the door of the house remained open; the accused entered into the house and pounced upon her. When she raised alarm, the accused caught hold of her neck. Hearing her shouts, her mother, P.W.2, who was then sleeping in the back courtyard, came to the spot. On seeing her, the accused fled away. Thereafter, when P.Ws.1 and 2 were proceeding to the Panchayat Secretary to report the matter, the accused pelted brickbats at them, as a result of which P.W.1 sustained injury on her leg.