'Lived A Socially Respectable Life': Orissa High Court Reduces Sentence Of Septuagenarian Convicted In 1998 For Outraging Modesty

The Orissa High Court recently upheld the conviction but reduced the term of imprisonment of a man in his late seventies convicted by trial Court in 1998 for outraging and insulting modesty of a scheduled caste woman by trespassing into her house.

Accepting the submission on behalf of the appellant/accused regarding his reformed behaviour ever since the said incident, the Bench of Justice Sibo Sankar Mishra remarked –

“Considering the fact that the incident occurred three decades ago, and the appellant is now in his late seventies, has no other criminal involvement, and has lived a reformed and socially respectable life since then, I am inclined to take a lenient view.”

In 1995, the appellant repeatedly trespassed into the residence of the informant (husband of the victim) in his absence on various pretexts. Even though the victim resisted his presence inside the premises, he did not pay heed to it. He further allegedly misbehaved with the victim and used certain words which outraged her modesty.

It is the further prosecution case that he also tried to lure the victim with a promise to fetch her jewelleries. He also allegedly convinced her to consume liquor on the pretext that the same is beneficial for her health and appearance. Upon learning about the same, the informant lodged an FIR, which resulted in a charge-sheet against the appellant under Sections 354 (outraging modesty), 448 (house trespass) and 509 (insulting modesty) of IPC along with Section 3(1)(xi) of the SC & ST (PoA) Act.

After analysing the prosecution evidence, the Special Judge, Koraput held the appellant guilty for the aforesaid offences under the IPC but exonerated him from the offence under the SC & ST (PoA) Act. He was sentenced to undergo rigorous imprisonment of two months each for conviction under Sections 354 and 448, IPC and one month simple imprisonment for offence under Section 509, IPC.

Justice Mishra perused the analysis of the trial Judge and examined the evidence on record. He found no reason to differ with the conclusion reached at by the Court below. Therefore, the order of conviction for the aforementioned offences were upheld and maintained.

The counsel appearing for the appellant, though did not challenge the conviction, prayed for reduction of the sentence to the period of imprisonment already undergone. He underlined that after the said incident, the appellant has led a respectable life with his family in the society and has never been entangled in any other criminal case. Furthermore, he was about 45-year-old at the time of occurrence, but now he is in his late seventies. Therefore, he urged, no 'penological purpose' shall be served by directing him to surrender again for serving out the sentence.

The Court noted that earlier the appellant had been in custody for fifteen days. In the meantime, three decades have elapsed and he is now a septuagenarian. It also took note of the fact that ever since the incident, he has led a reformed and respectable life.

Thus, the Bench was inclined to take a lenient view, especially considering the peculiar circumstances of the case. Accordingly, it upheld the order of conviction, but reduced the sentence to the period of imprisonment already undergone by the appellant.

Case Title: G. Krutibasa Patra @ Gudla Krutibas Patra v. State of Odisha

Case No: CRA No. 79 of 1998

Date of Judgment: October 14, 2025

Counsel for the Appellant: Mr. Biswa Kumar Mishra, Advocate

Counsel for the State: Ms. Subhalaxmi Devi, Addl. Standing Counsel

Citation: 2025 LiveLaw (Ori) 144

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