Orissa High Court
Dilli Khuntia vs State Of Odisha on 8 April, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 910 of 2019
Dilli Khuntia .... Appellant
P.K. Samantray, Advocate
-versus-
State of Odisha .... Respondent
Mr. S.K. Mishra, A.S.C
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
08.04.2021
I.A. No.1175 of 2019
04. 1. This matter is taken up by video conferencing mode.
2. This is an application under Section 389 of Cr.P.C.
for grant of bail.
3. Heard.
4. The appellant-petitioner has been convicted under
section 363/376(2)(i) of the Indian Penal Code read with
section 6 of the POCSO Act and sentenced to undergo R.I.
for a period of two years and to pay a fine of Rs.2000/-
(rupees two thousand) and in default, to undergo R.I. for
a period of three months for the offence under section 363
of the Indian Penal Code and sentenced to undergo R.I.
for a period of ten years and to pay a fine of Rs.5,000/-
(rupees five thousand) and in default, to undergo R.I. for
a period of six months for the offence under section
// 2 //
376(2)(i)(n) of the Indian Penal Code read with section 6
of the POCSO Act and all the sentences were directed to
run concurrently by the learned Additional Sessions Judge
-cum- Special Judge, Parlakhemundi in G.R. 13 of 2017.
5. Learned counsel for the appellant submitted that
the appellant is in judicial custody since 01.09.2017 and
though the materials available on record indicates that the
victim returned back to her house three days after the
alleged occurrence and according to her evidence, she was
left by the petitioner at Berhampur bus stand on 23rd
August 2017 and on the very day, the first information
report was also lodged but the statement of the victim was
recorded only on 30.08.2017 and she was sent for medical
examination on 01.09.2017. The doctor has noticed that
there was no bodily injury suggestive of forcible sexual
intercourse and there was no recent sign and symptoms of
sexual intercourse and the pregnancy test was also found
negative and as per the ossification test, the age of the
victim was found to be in between 16 to 17 years. Learned
counsel pointed out from the evidence of the victim in
which she stated that while going to the sister's house,
she accompanied the petitioner in his motor cycle and she
stayed in the relative's house of the petitioner for three
days and in those three days, the appellant had not kept
physical relationship with her and then the appellant kept
him in another house for one day where the appellant
stated to have committed rape on her and then left her at
Berhampur Bus stand. It is further submitted that in view
of the available material on record, there are good
chances of success in the appeal and the balance of
convenience lies in favour of the petitioner and since there
is no chance of early hearing of the appeal in near future,
// 3 //
the bail application of the petitioner may be favourably
considered.
6. Learned counsel for the State on the other hand
placed the evidence of the witnesses, relevant parts of
impugned judgment and opposed the prayer for bail.
7. Considering the submissions made by the
learned counsel for the respective parties, the nature of
evidence adduced during trial, the substantive sentence
imposed by the learned trial Court, the period already
undergone by the appellant in judicial custody and
absence of any chance of early hearing of the appeal in
the near future, I am inclined to release the petitioner
on bail.
8. Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond of
Rs.50,000/- (rupees fifty thousand) with two local
solvent sureties each for the like amount to the
satisfaction of the learned trial Court.
9. The I.A. is disposed of.
10. As the restrictions due to the COVID-19 situation
are continuing, learned counsel for the parties may
utilize a soft copy of this order available in the High
Court's website or print out thereof at par with certified
copy in the manner prescribed, vide Court's Notice
No.4587, dated 25th March, 2020.
( S.K. Sahoo)
Judge
I.A. No.1954 of 2019
07. Heard.
// 4 //
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner pending disposal of the criminal appeal.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
P
