Arjun Lal vs State Of Orissa
2023 Latest Caselaw 10567 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLREV NO.353 OF 2023
            Arjun Lal                     ....                  Petitioner
                                         Mr. Milan Kanungo, Sr.Advocate
                                       -versus-
            State of Orissa                ....             Opposite Party
                                                   Mr. S.K. Nayak, AGA
                      CORAM:
                      MR. JUSTICE D.DASH

                                      ORDER

Order No.                            01.09.2023
   02.      1.      This matter is taken up through Hybrid Arrangement
            (Virtual/Physical Mode).
            2.      Heard.
            3.      Admit.

4. On consent of the learned Counsel for the Petitioner (accused) and the learned Counsel for the State, the Revision is heard on merit. Order as follows:-

5. The Petitioner, by filing this Revision, has called in question the legality and propriety of the judgment dated 24.06.2023 passed by the learned 2nd Additional Sessions Judge, Balangir in Criminal Appeal No.02/11 of 2015-17.

The Petitioner (accused) being aggrieved by the judgment of conviction and order of sentence dated 28.01.2015 passed by the learned J.M.F.C., Loisinga in G.R. Case No.138 of 2003 (T.R. Case No.332 of 2003) convicting him for commission of offence under section-341/354 of the IPC and sentencing him to undergo simple imprisonment for two (2) years for the offence under section-354 of the IPC and simple imprisonment for one (1) month for the offence under section- 341 of the IPC running concurrently, had carried the Appeal.

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The Appellate Court in the impugned judgment has allowed the Appeal in part. While maintaining the conviction of the Petitioner (accused) for commission of offence under section-341/354 of the IPC, the sentence of simple imprisonment for a period of two (2) years for the offence under section-354 of the IPC as had been awarded by the Trial Court has been reduced to a period of one (1) year.

6. Mr. Milan Kanungo, learned Senior Counsel for the Petitioner (accused) expressing that he is not questioning the concurrent finding of the Courts below as regards the role played and act done by the Petitioner (accused); nonetheless, submitted that on a plain reading of the evidence of victim (P.W.1) as well as the evidence of her parents (P.W.2 and P.W.4), it would appear that there have been some exaggeration as to the happenings at the particular place. He however without proceeding further in that direction confined his submission on the quantum of sentence imposed upon the Petitioner (accused). He submits that Petitioner (accused) was a young boy when the incident took place and by now, he has undergone the mental agony of a criminal trial for about two decades as the incident dates back to 25.10.2003. He further submits that the Petitioner (accused) has also undergone imprisonment for a period of about two months and no report is forthcoming that either during trial or pendency of the Appeal, he being released on bail has misused the liberty or indulged in any criminal activity. He, therefore, submits that at this distance of time, imposition of further custodial sentence upon the Petitioner (accused) who has remained in custody for about two months in connection with this case would not be in the interest

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of justice. For all the aforesaid, he urges for appropriate modification in so far as the order of sentence is concerned as according to him, the sentence of imprisonment for the offences committed by the Petitioner (accused) at this stage would not be in the interest of justice and is highly disproportionate.

7. Mr. S.K. Nayak, learned Additional Government Advocate for the State submitting all in favour of the finding of guilt of the Petitioner (accused) for the offences under section- 341/354 of the IPC, contended that the quantum of sentence as has been imposed by the Appellate Court in the backdrop of all the happenings in the incident and the role played and the acts done by the Petitioner (accused) as established through evidence appears to be just and proper.

8. Keeping in view the submission made, I have carefully read the judgments passed by the Courts below.

9. The occurrence for which the Petitioner (accused) faced the Trial is dated 23.10.2003 which is about a decade prior to the coming into force of the Amendment Act 13 of 2013, whereby the sentence prescribed for commission of offence under section-354 of the IPC has been substituted and minimum sentence of imprisonment of either description of one year extending upto five years and fine has been mandated. It is seen that the Petitioner (accused) has been undergoing the mental agony of a criminal trial for more than two decades and he too has remained in custody for about two months when no such report as to his past criminal antecedent or as to his indulgement in any criminal activity is placed.

In view of all these aforesaid, this Court, while confirming the judgment of conviction passed by the learned

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2nd Additional Sessions Judge, Balangir in Criminal Appeal No.02/11 of 2015-17 in holding that the Petitioner (accused) liable for commission of offence under section-341/354 of the IPC; imposes the sentence of imprisonment for the period undergone and fine of Rs.10,000/- (Rupees Ten Thousand) in default to undergo rigorous imprisonment for six (6) months for the offence under section-354 of the IPC; and fine of Rs.1,000/- (Rupees one thousand) in default to undergo simple imprisonment for fifteen (15) days for the offence under section-341 of the IPC with the stipulation that the realized fine amount, be paid to the victim (P.W.1) as compensation.

10. The CRLREV is disposed of accordingly.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan

Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Location: OHC Date: 04-Sep-2023 10:32:17