ORDER :

The petitioner has challenged his conviction and sentence of RI for 2 years under section 354 of the Indian Penal Code (in short, 'IPC') passed in Sessions Trial Case No. 70 of 2009.

2. Criminal Appeal No. 58 of 2011 filed by the petitioner against the aforesaid order of his conviction and sentence has been dismissed by the judgment dated 22nd April 2015.

3. On an allegation that the petitioner entered the house of Feku Nayak in the night of 23rd December 2007 in drunken condition, caught his wife and tore her blouse and attempted to sexually assault her, a complaint case was filed by the victim lady. After inquiry under section 202 of the Code of Criminal Procedure (in short, CrPC), the learned Magistrate found a prima facie case made out under section 376/511 IPC and the case was committed to the Court of Sessions.

4. A charge was framed under section 376/511 IPC against the petitioner and the trial commenced in which the prosecution has examined four witnesses in support of the charge – complainant has examined herself as PW1.

5. The witnesses who were produced by the defence stated that Dashrath Rautia was assaulted by Feku Nayak, Yogender Nayak and one another near the hous