Cuttack: Orissa High Court has acquitted a person of rape and set aside a trial court's seven year sentence.

Hrushikesh Sethi was, however, charged with forcefully kissing a girl more than 15 years ago and sentenced him to two years imprisonment for using criminal force with the intent of outraging modesty.

A single-judge bench of Justice D.P. Choudhury said: "When the prosecution has evidence about the visit of the appellant (Sethi) to the house of the girl, and her statement that the appellant had also kissed her, in such circumstance, the case of the prosecution cannot be disbelieved in, too."

"So, the prosecution has proved by clear and cogent evidence that the appellant, after entering the girl's house, has kissed her. But the rest of the case of prosecution about rape has been falsified," Justice Choudhury said.

According to case records, Sethi had entered the girl's house and raped her on April 14, 2002, taking advantage of her parents' absence. Court of Sessions Judge, Balasore, convicted him of rape and sentenced him to seven years' rigorous imprisonment on March 20, 2013. He then challenged the trial court order in the high court and the appeal petition had since languished till it was disposed of on October 26.

In his verdict, Justice Choudhury said: "The prosecution has failed to establish the case of rape against the appellant, but outraging the girl's modesty after entering her house cannot be lost sight of. The trial court has only relied on the evidence of the girl without discussing the evidence of doctor and other witnesses with proper perspective. So, the finding of the learned trial court is not agreed to so far the case of rape by the appellant with the girl after making house trespass."

"The appellant is acquitted of the offence under sections 450/376 of the IPC and convicted under sections 451/354. Thus, this court sentences the appellant to undergo rigorous imprisonment for a period of two years," Justice Choudhury said in his order.

"It appears that the appellant is in custody since 2012. As the appellant has suffered the sentence, he be set at liberty forthwith, if not detained otherwise," the order said.