DHARAOIDHAR MAJHI Vs. THE STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner stands convicted under Sections 323 and 354, Indian Penal Code and has been sentenced thereunder to R.I. for 3 months on each count. The sentences have been directed to run concurrently.

(2.) THE prosecution case, in short, is that in the night of 28/29 -7 -1974 while Suka -Bewa (P.W. 4) was sleeping in the kitchen of her house, the accused stealthily got into that room and forcibly embraced Suka Bewa while she was sleeping. At this Suka Bewa cried out, and on heating her cry her son (P.W. 2) and mother -in -law (not examined), who were sleeping in another room of the house, came near the kitchen. On seeing them the accused bit Suka's left cheek and ran away from that place. Suka then narrated the incident to her son (P.W. 2) and mother -in -law and other persons who gradually came to that place on hearing the hullah raised by her. On the next day she filed the F.I.R. (Ext. 2) in the Choudwar Police Station. The police, after investigation, submitted charge sheet against the accused for offences under Sections 457, 354 and 323, Indian Penal Code.

(3.) IT is contended by Mr. K.K. Jena, the learned Counsel for the Petitioner, that both the Courts below have not assessed the evidence on record in a careful and meticulous manner and have not taken into consideration the important discrepancies and frailties appearing in the prosecution evidence on material particulars, and thus have arrived at incorrect and illegal findings in this case.