‘A Person Hardly Expected To Outrage Modesty Of Aunt Along With Brother’: Orissa High Court Quashes Man's Conviction U/S 354 IPC

The Orissa High has acquitted a man accused of outraging the modesty of his aunt, being associated with other accused persons including his brother, in a 31-year-old-case. While giving relief to the appellant, the Single Bench of Justice Sashikanta Mishra observed, “Learned Sessions Judge therefore, could not persuade himself to believe that an elder brother and younger brother would jointly commit rape on their aunt… To reiterate, a person can hardly be expected to outrage the modesty of his aunt being associated with his younger brother.” An FIR was lodged by the prosecutrix on 28.02.1992 against the present appellant and four other accused persons alleging that while she was alone, the accused persons entered her home and gagged her mouth, laid her on the ground and two co-accused persons committed sexual intercourse with her one after another. Being aggrieved by the order of conviction, three accused persons preferred an appeal before the High Court, including the present appellant. The Court also noted that the trial Court discarded the allegation of gang rape considering the fact that the accused persons were brothers and nephews of the prosecutrix. Consequently, the Court concluded that the evidence of the victim, her husband and the eye-witness does not inspire confidence to convict the accused persons for commission of gang rape.