He Has Undergone Mental Agony Of Criminal Trial For 7 Years: Orissa HC Reduces Sentence Of Flour Mill Worker Convicted U/S 354 IPC

The accused was convicted under Section 354 of the IPC and sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. 5,000. The conviction was based on the allegations that the accused had caught hold of the victim, who worked with him at the same mill, from behind and forcibly pressed her breasts.

A Single Bench of Justice D. Dash observed, “The victim, in her evidence as it appears, having stated the act upon her as has been done by this accused, does not state that the accused had further made any such attempt by coming outside and following the victim. For the said act, as stated by the victim as it reveals from the records, the accused has remained in custody from 20.02.2018 to 20.03.2018 and in the meantime, he has undergone mental agony of a criminal trial for a long period of seven years.”

Advocate Sougat Dash represented the appellant, while ASC P.K. Mohanty appeared for the respondent.

The accused had filed an appeal under Section 374(2) of the CrPC to call into question the judgment of conviction and sentence passed by the trial court.

On completion of the investigation, the Final Form was submitted placing this accused to face the trial. The Trial Court, on going through the evidence of the prosecution witness, held him guilty under Section 354 of the IPC and sentenced him accordingly.

The defence plea was that of “complete denial and false implication.” The accused, however, did not tender any evidence to support the same.

Taking into account the age of the accused and the dependence of his family on his income, the Court modified his sentence. “It is stated that the accused is now aged about 57 years and maintaining himself and his family members as a wage earner,” the Court noted.

Consequently, the Court held, “While maintaining the conviction of the accused for commission of the offence under section 354 of the IPC, this Court feels inclined to modify the sentence by reducing the period of imprisonment for the period already undergone and directing the accused to pay a fine of Rs.7,500/- in default to undergo rigorous imprisonment for a period of six months with further stipulation that in the event of realization of fine, the same shall be paid to the victim as compensation in terms of Section 357(1) of the Code of Criminal Procedure, 1973.”

Accordingly, the High Court partly allowed the appeal.

Cause Title: Mohanlal Mahato v. State of Orissa

Click here to read/download the Judgment