THE HIGH COURT OF ORISSA AT CUTTACK CRA No.275 of 1995 (In the matter of an application under Section 374 of the Criminal Procedure Code, 1973)

Subha Bastia ……. Appellant -Versus-

State of Orissa ……. Respondent For the Appellant : Mr. Abhas Mohanty, Advocate For the Respondent : Mr. Aurobinda Mohanty, ASC CORAM THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 10.02.2026 :: Date of Judgment: 19.02.2026 S.S. Mishra, J. The present Criminal Appeal, filed by the appellant under Section 374 of Cr.P.C. is directed against the judgment and order dated 22.09.1995 passed by the learned Sessions Judge-cum- Special Judge, Balangir in G.R. Case No.53 of 1994 (T.R. No.3 of 1994), whereby the appellant has been convicted for the offence under Section 3(1)(x) of the SC & ST (PoA) Act and on that count, he was sentenced to undergo R.I. for six months and to pay a fine of Rs.500/-, in default, to undergo further R.I. for one month.

2. Heard Mr. Abhas Mohanty, learned counsel for the appellant and Mr. Aurobinda Mohanty, learned Additional Standing Counsel for the State.

3. The prosecution case, in brief, is that P.W.1, who belongs to the Ganda caste, on 01.02.1994 at about 5.00 P.M., whi