Santanu Kaudi vs State Of Odisha
2023 Latest Caselaw 2157 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           JCRLA No.37 of 2019

              Santanu Kaudi                          ....       Appellant

                                   Mr. A.K. Beura
                                   Amicus Curiae

                                       -versus-
              State of Odisha                        ....    Respondent

                                   Mr. P.B. Tripathy
                                   Addl. Standing Counsel
                                     CORAM:

                             JUSTICE S.K. SAHOO
                                    ORDER

Order No.                          15.03.2023

   03.            This    matter      is    taken    up   through     Hybrid

arrangement (video conferencing/physical mode).

Heard Mr. Akhaya Kumar Beura, learned Amicus Curiae appearing for the appellant and Mr. Priyabrata Tripathy, learned Additional Standing Counsel appearing for the State of Odisha.

The appellant has been convicted under sections 376(2)(n)/506 of the Indian Penal Code by the learned Additional Sessions Judge -cum- Special Judge, Sundargarh in Special G.R. Case No.15 of 2013/ Trial No.44 of 2017 vide judgment and order dated 14.08.2018 and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to further undergo // 2 //

R.I. for a period one year for the offence under section 376(2)(n) of the Indian Penal Code and R.I. for a period of two years for the offence under section 506 of the Indian Penal Code and both the substantive sentences were directed to run concurrently. The said case arises out of Sundargarh Sadar P.S. Case No.103 dated 14.08.2013.

When the learned Amicus Curiae placed the matter, it was found that the learned trial Court though found the appellant guilty under sections 376(2)(n)/506 of the Indian Penal Code and it has come on record that due to the offence committed on the victim, she became pregnant and delivered a male child, but no compensation has been awarded either to the victim or to her child in terms of the Odisha Victim Compensation Scheme, 2012 which was amended from time to time.

Learned Amicus Curiae placed the evidence of the victim, who was examined as P.W.3 in the trial Court and in her cross-examination, she has stated that she had given birth to a male child and further stated that her child was one and half years of old at the time of her deposition i.e. on 08.07.2015. She further stated that she has not filed any maintenance case against anybody.

Let the learned counsel for the State obtain instruction through the Inspector in-charge of

// 3 //

Sundargarh Sadar police station about the status of the victim and her male child and whether any compensation has been received by any of them and whether the victim has filed any maintenance case for her child or for herself against the appellant in any Court.

List this matter on 22.03.2023.

A free copy of this order be handed over to the learned counsel for the State.

( S.K. Sahoo) Judge RKM