Recently, the Orissa High Court upheld the conviction of a man for groping the breast of a co-worker in 2018. However, the Court reduced his sentence to the period already undergone, considering the prolonged period of mental agony due to the trial's extended duration.
Brief Facts:
Appellant forcibly pressed the breast of a co-worker at a mill. The victim escaped and reported the incident, leading to an FIR. The Trial Court acquitted the Appellant under the SC & ST (PoA) Act; but found him guilty under Section 354 of the IPC, sentencing him to two years in prison and a Rs. 5000 Fine. The Appellant has filed an appeal against the judgement of the Trial Court.
Contentions of the Petitioner:
It was urged that the Accused, now aged around 57, was a wage earner working in the same mill as the victim. There were no adverse reports or involvement in criminal activities since his release. It was argued that further imprisonment would not serve justice as the Accused’s family depended on his income, and he had been accepted back into society
Observations of the Court:
The Court carefully reviewed the judgment of conviction and examined the depositions of witnesses and the evidence presented. The victim testified to the act committed by the Accused but did not mention any further attempts by him after the initial incident. The Bench noted that the Accused had been in custody for a month and had endured the mental agony of a prolonged trial for seven years.
Considering the Accused's age and his responsibility as a wage earner for his family, the High Court decided to maintain the conviction under Section 354 of the IPC. However, modified the sentence to the period already undergone and imposed a fine of Rs. 7,500, with a default imprisonment of six months. The fine, upon realization, was directed to be paid to the victim as compensation.
The decision of the Court:
The Bench, noting the facts and circumstances of the case allowed the appeal in part.
Case Title: Mohanlal Mahato v. State of Orissa
Coram: Hon’ble Mr. Justice D. Dash
Case No.: CRLA No. 558 of 2024
Advocate for the Petitioner: Adv. Mr. Sougat Dash
Advocate for the Respondent: Adv. Mr. P.K. Mohanty
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