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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sibo Sankar Mishra
Nilamani Ghair – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. the appellant was charged with using criminal force against a woman from a scheduled caste. (Para 1 , 4 , 5 , 6) |
| 2. the prosecution's evidence regarding the incident's location was inconsistent and unclear. (Para 7 , 8 , 9 , 10 , 12 , 13) |
| 3. the court found reasonable doubt regarding the appellant's guilt, leading to acquittal. (Para 14 , 15 , 16) |
JUDGMENT :
Sibo Sankar Mishra, J.
The sole appellant in the present case has assailed the judgment and order dated 18.06.1994 passed by the learned Sessions Judge, Sambalpur in T.R. Case No.27 of 1993, whereby the appellant was found guilty of the charges under Section 354 of I.P.C. read with Section 3(iii) of the SC & ST (PoA) Act and has been sentenced to undergo R.I. for six months for the offence under Section 354 of I.P.C. and R.I. for six months along with fine of Rs.1,000/-, in default to undergo R.I. for further period of three months for the offence under Section 3(iii) of the SC & ST (PoA) Act .
2. The present appeal is pending since 1994. When the matter was taken up for hearing, none has appeared on behalf of the appellant. Therefore, this Court requested Ms. Subhashree Sen, learned counsel, who is present in Cour
The court emphasizes the necessity of clear evidence to substantiate charges under the SC & ST (PoA) Act, particularly regarding the intent to outrage dignity, affirming the principle of benefit of d....
The judgment confirms that a conviction can stand under IPC while acquitting charges under SC & ST (PoA) Act due to lack of sufficient evidence.
Prosecution must establish the accused is not a member of SC/ST to prove an offence under the SC/ST Act; absence of such evidence voids the conviction under the Act.
The court held that while the intention to murder was not established, the appellants were guilty of assaulting the victim, with emphasis on the inapplicability of exaggerated judicial proceedings in....
The prosecution failed to establish rape beyond reasonable doubt; however, conviction for criminal trespass upheld due to sufficient evidence of unlawful entry and intent to outrage modesty.
Intention to insult based on caste must be established for conviction under Section 3(1)(x) of the S.C. & S.T. (PoA) Act; the absence of such intent results in acquittal.
The conviction for rape under Section 376 IPC and under Section 3(1)(xii) of the SC & ST Act was not upheld due to lack of evidence; however, conviction for house trespass under Section 454 IPC was a....
For conviction under the SC/ST Act, prosecution must prove both caste identity and an intent to harm due to that identity; lack of such proof invalidates the charge.
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