Nbakishore Rana vs State Of Odisha
2023 Latest Caselaw 2854 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.260 of 2021

              Nbakishore Rana                  ....        Appellant/
                                                         Petitioner


                                  Mr.B.S. Rayaguru, Advocate

                                    -versus-

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

                               Mr.Rajesh Tripathy,
                               Addl. Standing Counsel
                                  CORAM:
                            JUSTICE S.K. SAHOO

                                  ORDER

Order No.                      05.04.2023
                             I.A. No. 458 of 2023

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

This is an application for stay of conviction dated 25.02.2021 passed by the learned Sessions Judge -cum- Special Judge, Jajpur in Special G.R. Case No. 131 of 2016 whereby the petitioner has been convicted for the offences under section 376 of the Indian Penal Code and section 3(2)(v) of the S.C. & S.T. (PoA) Act.

Learned counsel for the petitioner contended that the petitioner has married to the victim and he is leading a happy conjugal life and therefore, the order of conviction should be stayed. In support of his // 2 //

submission, he placed reliance on the judgment of the Hon'ble Supreme Court reported in (2007) 1 Supreme Court Cases 673 (Ravikant S.Patil -Vrs.- Sarvabhouma S. Bagali).

After going through the evidence on record, it appears that the earlier marriage of the appellant is subsisting and therefore, the marriage with the victim is not in accordance with law and thus, the ratio laid down in the aforesaid case is not applicable to the case in hand as in that case the appellant has validly married the victim.

In that view of the matter, I am not inclined to grant stay of the order of conviction. Accordingly, the prayer made in the I.A. stands dismissed.

( S.K. Sahoo) Judge CRLA No.260 of 2021

13. Learned counsel for the appellant submitted that he may be permitted to prepare the paper books at his own cost and file the same.

In case paper books are filed, registry shall verify and place the same for acceptance.

( S.K. Sahoo) Judge PKSahoo