Unexplained delays and significant discrepancies in testimonies create reasonable doubt about the prosecution's case, affecting the validity of a conviction.

JUDGMENT :

S.K. Sahoo, J.

The appellant Dayasila Garada faced trial in the Court of learned Special Judge, Koraput at Jeypore in T.R. Case No.161 of 1996 for commission of offences under section 323 of the Indian Penal Code (hereinafter 'the I.P.C.') and section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter 'the 1989 Act') on the accusation that on 24.11.1996 at about 10.00 p.m., he voluntarily caused hurt to Chandrama Benia (P.W.1) in Sunabeda and he not being a member of Scheduled Caste or Scheduled Tribe community, assaulted or used force to P.W.1, who was a person belonging to Scheduled Caste community, with intent to dishonour or outrage her modesty.

The learned trial Court vide impugned judgment and order dated 21.12.2000 has been pleased to hold that the prosecution of the appellant under section 3(1)(xi) of the 1989 Act has been misconceived and cannot be sustained. However, the appellant was found guilty under section 323 of the I.P.C. and he was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- (rupees five hundred), in default, to undergo simple imprisonment for fifteen days more.

The Prosecution Case

The prosecution case, as per the first information report (hereinafter 'F.I.R.') presented by Subhas Khilla (P.W.2) before the Officer in-charge of Sunabeda police station on 25.11.1996, is that on 24.11.1996 at about 10.00 p.m., his elder sister Chandrama Benia (P.W.1) was going to HAL Hospital to attend her duty from 'U' Zone and at that point of time near U.P. School of 'I' Zone, the appellant came and asked P.W.1 to sit on his motorcycle and offered to drop her at the hospital but when P.W.1 refused to oblige the same, the appellant got down from his motorcycle, caught hold of the tuft of the hairs of P.W.1 and assaulted her on the back with his boot. It is stated that at the time of lodging the first information report, the doctors suspected that P.W.1 has sustained fracture of her bone. The appellant also abused P.W.1 in filthy language and also ridiculing her caste for which P.W.1 became senseless and when she regained sense, she found herself to be admitted in the HAL Hospital. The doctor told the informant (P.W.2) that it would be a police case and he should shift P.W.1 to NAC Hospital and accordingly, P.W.1 was admitted in the NAC Hospital. On such F.I.R., Sunabeda P.S. Case No.118 dated 25.11.1996 was registered under sections 354/294/325 of the I.P.C. and section3(1)(xi) of the 1989 Act against the appellant.

P.W.6 Kartikeswar Samal, the Officer in-charge of Sunabeda police station after registration of the F.I.R., took up investigation of the case. During the course of investigation, he examined the informant (P.W.2) at the police station, visited NAC Government Hospital, Sunabeda along with P.W.2 and examined the injured (P.W.1) and issued injury requisition to the Medical Officer. He visited the spot on 26.11.1996, examined the witnesses, prepared the spot map (Ext.4), arrested the appellant and forwarded him to Court. He seized the caste certificate of P.W.1 as per seizure list Ext.5 and on 02.12.1996, he received the injury report and on completion of investigation, charge sheet was submitted under sections 354/294/323 of the I.P.C. and section 3(1)(xi) of the 1989 Act against the appellant.

The learned trial Court, on 22.08.1997, framed charges against the appellant under section 323 of the I.P.C. and section 3(1)(xi) of the 1989 Act and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.

Witnesses & Exhibits

During course of trial, in order to prove its case, the prosecution has examined as many as six witnesses.

P.W.1 Chandrama Benia is the injured victim in this case. She narrated about the incident and supported the prosecution case.

P.W.2 Subhas Khilla is the brother of the victim (P.W.1) and also