'Undergone Mental Agony For Seven Years': Orissa HC Reduces Sentence Of Man Convicted U/S 354 IPC For Groping Co-Worker

The Orissa High Court, while upholding guilt of a man for groping the breast of a co-worker in 2018, has reduced the sentence awarded by the trial Court to the period already undergone keeping in view, inter alia, the prolonged period of mental agony for pendency of trial.

Providing relief to the 57 years-old appellant, the Single Bench of Justice Debabrata Dash observed –

“…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. It is stated that the accused is now aged about 57 years and maintaining himself and his family members as a wage earner.”

Brief Background

On 19.02.2018, the appellant caught hold of the victim from behind while she had been to a mill for bringing working materials. Subsequently, he forcibly pressed the breast of the victim.

The victim somehow escaped from the spot by pushing the appellant and reported the matter before her family members. An FIR was lodged and the investigating officer filed charge-sheet against the appellant under Section 354 of the IPC along with several clauses of the SC & ST (PoA) Act.

The trial Court though acquitted the appellant for the offences under the ST & SC (PoA) Act, found him guilty under Section 354 of the IPC and sentenced him to rigorous imprisonment for two years along with Rs. 5000/- fine.

Contentions of the Parties

The counsel on behalf of the appellant did not at all challenge the finding of the guilt against the appellant rather he kept his argument confined to the quantum of sentence. He contended that at the time of commission of offence, the appellant was 51 but now he is aged about 57.

Further, he highlighted that the appellant had also been in the custody for about one month before he was released on bail. Also, he stated that his conduct has never been unsatisfactory since he was released on bail. Moreover, his family is also dependent upon him and the society has accepted him in the mainstream.

On the other side, the State Counsel supported the trial Court findings and argued that the sentence imposed upon the appellant is wholly justified.

Court's Observations

After perusing the depositions of witnesses and upon examining the evidence on record, the Court stressed that the appellant has not bothered the victim even once after coming out on bail.

It also opined that the appellant has undergone 'mentally agony' for seven long years before the trial could be completed only in May this year. Also, judicial notice was taken of the fact that the appellant is the bread earner and maintaining his family members.

“Cumulatively viewing all these above factors, 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…”

However, the Court directed the appellant to pay a fine amount to the tune of Rs. 7500/-, failing which he shall have to undergo rigorous imprisonment for six months. It was also ordered that in case the fine amount is realized, the same shall be paid to the victim as compensation under Section 357(1) of the CrPC.

Case Title: Mohanlal Mahato v. State of Orissa

Case No: CRLA No. 558 of 2024

Date of Judgment: July 03, 2024

Counsel for the Appellant: Mr. Sougat Dash, Advocate

Counsel for the State: Mr. P.K. Mohanty, Addl. Standing Counsel

Citation: 2024 LiveLaw (Ori) 57

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