JUDGMENT :

S.K. Sahoo, J.

The petitioner Gokula Naik faced trial in the Court of learned Judicial Magistrate First Class, Loisingha in G.R. Case No.637 of 1993 (T.R. No. 112 of 1994) for offences punishable under sections 341 and 354 of the Indian Penal Code. The learned Trial Court vide impugned judgment and order dated 02.03.1995 acquitted the petitioner of the charge under section 341 of the Indian Penal Code but found him guilty under section 354 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/-(rupees one thousand), in default of payment of fine, to undergo rigorous imprisonment for two months more.

The petitioner preferred an appeal in the Court of Session which was heard by learned Additional Sessions Judge, Balangir in Criminal Appeal No.36/25 of 1995-96 and the learned Appellate Court vide impugned judgment and order dated 15.01.1999 upheld the conviction of the petitioner under section 354 of the Indian Penal Code, however, reduced the custodial sentence from rigorous imprisonment for six months to three months, while confirming amount of fine imposed by the learned Trial Court.

2. The prosecu