SUJAYA MISALO AND 4 ORS. Vs. STATE

JUDGEMENT

(1.) THIS is a revision against the Appellate judgment of Shri T. Misra, Sessions Judge, Ganjam -Boudh, Berhampur dated the 20th September, 1906 in Criminal Appeal No. 23 of 1966 maintaining the conviction of the Petitioners under Section 342 Indian Penal Code passed by Shri C.R. Patnaik, Sub -Divisional Magistrate, Parlakhemundi in G.R. Case No. 253 of 1964, but altering the sentences of two months simple imprisonment passed by the said Sub -divisional Magistrate against each of the Petitioners to payment of fine of Rs. 200 by each of them and in default undergo simple imprisonment for two months each.

(2.) THE prosecution case in short is that on 23 -12 -1964 some time before sunset, Niranjanee Lima, p.w. 3, while passing through the Sivedigada Stream towards the thrashing floor of p.w. 5 along with her niece, Purnima (p.w. 4), was accosted by Methrew Misalo, Petitioner No. 4 who caught hold of her (p.w. 3's) hands and dragged her against her will to the house of Jiban Chandra Misalo, Petitioner No. 3. When she was thus being dragged by Methrew Misalo, the other four Petitioners, who were lying in ambush, came out and helped Methrew Misalo in dragging p.w. 3, Niranjanee to the house of Jiban Chandra Misalo. Niranjanee, p.w. 3 was thereafter kept confined inside the house of accused Jiban Chandra Misalo, and her modesty was alleged to have been outraged. Purnima (p.w. 4) who had accompanied Niranjanee remained crying outside. Kachirijit Sualsingh (p.w. 6), on receiving information from Rome females, came and rescued Niranjanee from confinement in the abovementioned house.

(3.) IN defence the Petitioners totally denied the occurrence alleging the same to be entirely false, and stated that the witnesses deposed against them due to enmity. They did not adduce any defence evidence in the trial.