Orissa High Court
Siba @ Sibananda Jena vs State Of Odisha on 25 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.21 of 2023
Siba @ Sibananda Jena .... Appellant/
Petitioner
Mr. S. Panigrahi, Advocate.
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 25.09.2023
I.A. No. 35 of 2023
03. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Heard learned counsel for the appellant and learned
counsel for the State.
The appellant-petitioner has been convicted under
sections 363/376(2)(n) of the Indian Penal Code and
section 6 of the POCSO Act and sentenced to undergo
rigorous imprisonment for a period of seven years and
to pay a fine of Rs.30,000/- (rupees thirty thousand), in
default, to undergo further R.I. for a period of three
months for the offence under section 363, to undergo
// 2 //
R.I. for a period of ten years and to pay a fine of
Rs.50,000/- (rupees fifty thousand), in default, to
undergo further R.I. for a period of six months for the
offence under section 376(2)(n) of the IPC and section
6 of the POCSO Act and all the sentences were directed
to run concurrently by the learned Additional Sessions
Judge (FTSC), Jajpur in C.T. Special POCSO Case
No.139 of 2018.
Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and he has never
misutilised his liberty. It is further argued that there
was love affair between the victim and the appellant
and the victim left her lawful guardianship on her own
accord. He placed the evidence of the doctor (P.W.14)
which indicates that there was no external bodily injury
on the person of the victim and there was no physical
clue found on the clothing of the victim to suggest
sexual intercourse and there was also no sign and
symptoms of sexual intercourse. It is further submitted
that the petitioner has got a good chance of success in
the appeal, balance of convenience is in his favour and
there is no chance of early hearing of the appeal in the
near future and therefore, the bail application of the
petitioner may be favouraly considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the evidence of
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the P.W.9, the headmaster of the school, where the
victim was prosecuting her study and so also the relevant
part of the judgment, where the victim was held to be
minor.
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence adduced during trial, the fact that the
petitioner was on bail during trial and there was no
accusation that he has misutilised his liberty and
absence of any chance of early hearing of the appeal in
the near future, I am inclined to release the petitioner
on bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond
of Rs.50,000/- (rupees fifty thousand) with two solvent
sureties each for the like amount to the satisfaction of
the learned trial Court with such terms and conditions
as the learned Court may deem just and proper.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No. 34 of 2023
04. This is an application for stay of realization of fine.
Heard.
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There shall be stay of realization of fine amount
imposed on the appellant-petitioner by the learned trial
Court pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
amit
Signature Not Verified
Digitally Signed
Signed by: AMIT KUMAR MOHANTY
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 27-Sep-2023 12:48:31
