Gopal Das @ Bhoi vs State Of Odisha
2022 Latest Caselaw 2640 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.453 of 2021

              Gopal Das @ Bhoi                     ....     Appellant/
                                                           Petitioner

                                  Mr. H.B. Dash, Advocate

                                        -versus-

              State of Odisha                      ....   Respondent/
                                                          Opp. Party

                                  Mr. J.P. Patra,
                                  Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                    ORDER

Order No. 16.05.2022

I.A. No.1111 of 2021

06. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted under sections 376(2)(i)/506(ii) of the Indian Penal Code read with section 6 of the POCSO Act and sentenced to undergo R.I. for ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for one year for the offence under section 376(2)(i) of the Indian Penal Code, R.I.

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for one year for the offence under section 506(ii) of the Indian Penal Code and R.I. for ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for one year for the offence under section 6 of the POCSO Act and all the substantive sentences were directed to run concurrently by the learned Additional Sessions Judge

-cum- Special Court under POCSO Act, Cuttack in Special G.R. Case No.46 of 2016.

Perused the impugned judgment. After going through the evidence of the victim (P.W.2), who is a girl aged about nine years and also that of the doctor (P.W.13) who stated that there was medical evidence suggestive of recent sexual intercourse and on genital examination, she was found having reddish abrasion on the inner aspect of labia minora on both the sides and on hearing the learned counsel for the State, I am not inclined to release the petitioner on bail. The prayer for bail of the petitioner stands rejected.

Accordingly, the I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.1112 of 2021

07. Heard.

There shall be stay of realization of fine amount

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imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

CRLA No.453 of 2021

08. Since it appears that the appellant has already remained in judicial custody for more than five years and ten months, the Registry shall do well to prepare the paper books and the matter be listed early out of turn.

( S.K. Sahoo) Judge RKM