JUDGMENT

S.K. MISHRA, J. — The petitioner assails the confirming judgment passed by the learned Additional Sessions Judge-cum-Special Judge, Bhubaneswar in Criminal Appeal No.52 of 1993, wherein he confirmed the conviction recorded by the learned J.M.F.C., Bhubaneswar in G.R. Case No. 2514 of 1998 convicting the present petitioner for the offence under Sections 354 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as the “I.P.C.” for brevity).

2. The case of the prosecution was that on 01.10.1988 at about 9.00 A.M., the present petitioner Kelu Charan Behera along with other co-accused persons, who have since been acquitted by the learned J.M.F.C., assaulted the informant with the intention to outrage her modesty and due to such assault, she sustained injuries on her nipple, neck and other parts of her body. That night she went to the house of Sapani Mallik, the Grama Rakhi and narrated about the incident. She took shelter in his house for that night. On the next day, she lodged a report before the Inspector in Charge of Bhubaneswar Police Station on the basis of which Bhubaneswar P.S. Case No. 23 of 1988 was registered and the S.I. of Police took up investigation of t