S P MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) AN incident that can almost be described as trivial created a whirlpool dragging the petitioner to his very destruction and resulting in his conviction Under Section 354 of the IPC and sentence of simple imprisonment for six months, which may ultimately result in his dismissal from service.

(2.) THE place of occurrence is Rour -kela, Cuttak Road. The time of occurrence is about mid -night and the date is the winter night of 27 -12 -1967. The persons involved in the occurrence are just two. Dr. Minati Patnaik (P.W. 8), who is a lady doctor, travelling in the bus and the petitioner, who is a high ranking Police Officer of I. P.S. Cadre in the State of Orissa. The Criminal act of the petitioner was the touching of the belly of the lady doctor. Both the personalities involved in this drama boarded the bus at Rourkela, the petitioner, later during the journey, occupying a seat .just behind the lady doctor. The passengers in the bus, including these two persons, were sleeping. It is said that once she felt somebody touching her belly. When she became alert, she found somebody touching her belly below her breast. It is said in the evidence that she was not sure whether it was the hand of a stranger coming astray or her own. Thus alerted when she found a hand touching her belly for the second time, she immediately caught hold of the hand and immediate reprisal followed in the form of beating inflicted on the petitioner by the lady doctor with her hands as well as chappal. The matter as far as the lady doctor (P.W. 8) was concerned, ended there because she did not file any case either before the police, perhaps because of the rank and position of the petitioner, or before the court or before any other higher Executive of the State, except (ille) to her husband and father.

(3.) THE enormous amount of public sentiment that was generated over this Incident perhaps resulted in the transfer of this case outside Orissa on the order of the Supreme Court and that is how it came to be tried in Dhanbad, where the petitioner was convicted and sentenced, as mentioned above, his appeal also being dismissed.