The court affirmed convictions for offenses related to obscene acts and outraging modesty while granting probation based on the absence of prior offenses and reformative principles underlining the Probation of Offenders Act.

JUDGMENT :

S.S. Mishra, J.

This appeal is directed against the judgment of conviction and order of sentence dated 04.02.2002 passed by the learned Special Judge, Puri in T.R. No. 37 of 1996, whereby the appellants are convicted for offence punishable under Sections 354 /294 of IPC read with Section 3(1)(xi) of S.C. & S.T. (PoA) Act and they were sentenced to undergo S.I. for one month for the offence under Section 294 of , S.I. for three months for the offence under Section 354 of and SI for six months for the offence under Section 3(1)(xi) of S.C. & S.T. (PoA) Act.

2. Heard Mr. L.N. Rayatsingh, learned counsel for the appellants and Mr. Sobhan Panigrahi, learned Additional Standing Counsel for the State.

3. The prosecution case, in brief, is that on 28.05.1994 at about noon at village Srikarpur accused persons Bauri and Bina did not allow Kumari Sethi to take water from the tube well in front of the temple of deity Basantei. Accused persons Bijaya, Biranchi, Bansi and Naba scolded Kumari Sethi, Dhani Sethi and Menaka Sethi abused in filthy language throwing their pitchers and outraged their modesty trying to pull out their wearing apparels and all the accused persons armed with lathies surrounded Sethi Sahi, pelted stones at the houses of residents of Sethi Sahi causing damage to their houses and also causing injuries on some persons of the Sahi and decamped with agricultural implements and coconuts worth of Rs 6,000/-.

4. On the basis of the written report of the informant, police registered the case and investigation was conducted and charge sheet has been filed in the present case against the accused persons for the alleged commission of offence u/s.354/294/34 read with section 3(i)(xi) of S.C. & S.T. (PoA) Act. The accused persons took a stance of complete denial and claimed trial. Accordingly, they were put to trial on the charges, as mentioned above.

5. The prosecution in order to bring home the charges examined as many as ten witnesses out of seventeen charge sheeted witnesses and exhibited eight documents. Out of ten witnesses, P.W.6, who is one of the victim is the informant; P.Ws.1, 2, 4 and 5 are the other victims; P.Ws.3 and 7 were the independent witnesses; P.W.10 was the doctor who has examined the injured persons and P.Ws.8 and 9 were the two I.Os. of the present case.

6. Initially, eighteen accused persons were charge sheeted for the offence, as mentioned above. After the trial, the present four appellants have been convicted and sentenced accordingly. The learned trial court has emphasized on the evidence of P.Ws.1 to 5, those who are the victim witnesses to draw corroboration with the evidence of the official witnesses. The learned trial court also relied upon the evidence of P.Ws.8, 9 and 10. By analysing the evidence of all the prosecution witnesses, the learned trial court arrived at the following conclusion:-

9. On alleged use of obscene word and out-raging the modesty it is the F.I.R. story that at that hour at the spot while Kumari, Dhani and Menaka had been to collect water from the tubewell accused persons Bauri and Bina did not allow Kumari to collect water and accused persons Bijaya, Biranchi and Naba reaching there scolded them, the harijan ladies in filthy language and outraged their modesty touching their wearing blouse and saree. This F.I.R story has been echoed in the evidence of P.W.1 which is that at the fateful hour while she and two other ladies of their Sahi namely Dhani & Menaka were collecting water from the tubewell in question installed by the Govt. accused persons Bauri and Bina bel