Pinta @ Badri Narayan Nayak vs State Of Odisha
2021 Latest Caselaw 3199 Ori

                                 CRLA No.64 of 2021




                   Pinta @ Badri Narayan Nayak                ...       Appellant

                                                           -Versus-

                   State of Odisha                            ...     Respondent

03.   04.03.2021          This    matter     is    taken    up      through   Hybrid
                   arrangement (video conferencing/physical mode).
                          The appellant Pinta @ Badri Narayan Nayak faced
                   trial in the Court of learned Asst. Sessions Judge,
                   (Special Track Court), Jagatsinghpur in C.T. Case No.105
                   of 2016 and he was found guilty for the offences under
                   sections 376 and 457 of the Indian Penal Code and
                   sentenced to undergo R.I. for a period of seven years
                   and to pay a fine of Rs.5000/-, in default, to undergo R.I.
                   for a further period of six months for the offence under
                   section 376 of the Indian Penal Code and sentenced to
                   undergo R.I. for a period of five years and to pay a fine
                   of Rs.2000/-, in default, to undergo R.I. for a period of
                   two months for the offence under section 457 of the
                   Indian Penal Code. Both the sentences were directed to
                   run   concurrently.     Since    the    substantive    sentences
                   imposed by the learned Asst. Sessions Judge is seven
                   years, appeal lies to the Sessions Judge, Jagatsinghpur,
                   in view of the ratio laid down in the case of Noki @ Laki
                   Majhi -Vrs.- State of Orissa reported in (2016) 63
                   Orissa Criminal Reports 813 and Ganeswar Majhi
                   -Vrs.- State of Orissa, reported in (2017) 68 Orissa
                   Criminal Reports 424.
                         Therefore, the office has rightly pointed out that
     this CRLA is maintainable before the Court of learned
    Sessions Judge, Jagatsinghpur. The learned counsel for
    the petitioner wants to withdraw the appeal to file the
    appeal before the learned Sessions Judge, Jagatsinghpur.
          The impugned judgment copy be returned to the
    learned counsel for the appellant. If the appeal is filed
    with an application for condonation of delay within a
    period of two weeks from today with an application for
    condonation of delay, the learned Appellate Court shall
    take into consideration section 14 of the Limitation Act
    while condoning the delay particularly since it is a case of
    conviction.
          Accordingly, the CRLA is disposed of.
          Urgent certified copy of this order be granted on
    proper application.


                                          .............................
                                          S.K. Sahoo, J.

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