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1981 Supreme(Pat) 102

S.SHAMSUL HASAN
S. P. Mullik – Appellant
Versus
State Of Orissa – Respondent


Judgment

S.Shamsul Hasan, J.

1. An incident that can almost be described as trival created a whirlpool dragging the petitioner to his very destruction and resulting in his conviction under Sec.354 of the Indian Penal Code and sentence of simple imprisonment for six months, which may ultimately result in his dismissal from service.

2. The place of occurrence is Rourkela, 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 some body touching her belly when she became alert. She found some body touching her belly below her breast. It is said in the evidence that she was not
































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