IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Raj Kumar Sahu @ Raj Kumar Sahoo – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. victim's account of the incident. (Para 2) |
| 2. defendant asserts innocence and challenges evidence. (Para 3 , 6 , 8) |
| 3. court analyzes evidence inconsistencies. (Para 4 , 10) |
| 4. court concludes on proven charges. (Para 5 , 11 , 12) |
| 5. final judgment and order for the appellant. (Para 7 , 13) |
Judgment :
1. The present Criminal Appeal, filed by the appellant under Section 374(2) of the Cr.P.C., is directed against the judgment and order dated 24.01.1998 passed by the learned Sessions Judge, Sundargarh in S.T. No.190 of 1996, whereby the learned trial Court has convicted the accused-appellant for the offences punishable under Section 454 /354 of the INDIAN PENAL CODE (hereinafter ‘the Code’ for brevity) and Section 3 (1)(xii) of the S.C. and S.T.(PoA) Act, accordingly, sentenced him to undergo R.I. for three months besides fine of Rs.500/- on each count, in default, to further undergo R.I. for one month for the offences under the Code and further R.I. of six months with fine of Rs.1000/- in default, to further undergo R.I. for two months for the offence under (1)(xii) of the S.C. and S.T.(PoA) Act.
2. The case of the prosecution, as unfolded from the records, is that on
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.
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 prosecution must establish that an offence under the SC/ST (POA) Act was committed specifically because the victim belongs to a Scheduled Caste, and the accused must have actual control over a ju....
The court upheld the conviction under Section 354 IPC, concluding that the appellant's actions constituted an outrage of modesty, supported by the victim's testimony and corroborating evidence.
(1) For maintaining conviction under Section 376 I.P.C., medical evidence has to be in conformity with oral testimony.(2) Remission/ commutation of sentence under Sections 433 and 434 of Cr.P.C. is i....
Sexual harassment of girl child – Alleged expression [xxx I Love You] by accused alone would not constitute “sexual assault” as provided under Section 7 of POCSO Act.
The court emphasized the importance of medical evidence and the need to address delays in considering appeals.
Conviction under SC/ST Act requires evidence of intent related to caste, which was lacking; guilty of IPC Section 354 for outraging modesty.
The prosecution failed to establish credible evidence to support charges of stalking and harassment against the respondent, leading to the upheld acquittal.
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