Baresh Pratap Biswal vs State Of Odisha And Others ... Opposite ...
2025 Latest Caselaw 4753 Ori

Orissa High Court

Baresh Pratap Biswal vs State Of Odisha And Others ... Opposite ... on 7 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                        CRLREV No.31 of 2025

     Baresh Pratap Biswal                         ...          Petitioner
                                                  Mr. P.C. Kar, Advocate

                              -versus-
     State of Odisha and others                   ...    Opposite Parties
                                              Mr. A. Pradhan, Addl. PP
                              CORAM:
                       JUSTICE G. SATAPATHY
                             ORDER(ORAL)

Order No.                     07.03.2025
   01.       1.      This   matter   is   taken   up   through     Hybrid

Arrangement (Virtual/Physical Mode).

2. This criminal revision by the Petitioner is against the confirming judgment on conviction for lesser offence and sentence.

3. It is not disputed that on the complaint of the revision petitioner, an FIR vide Bolangir Sadar PS Case No. 202 of 2012 was registered and accordingly, charge sheet was submitted against the accused persons-cum- Respondent Nos. 2 &3 who faced the trial for offences U/Ss. 341/323/325/307/506 r/w Sec. 34 of IPC in the Court of learned Assistant Sessions Judge-cum-Chief Judicial Magistrate, Balangir in Sessions Case No. 08/05 of 2015 in which the Respondent Nos. 2 &3 were found guilty and convicted for offences punishable U/Ss. 323/325/ 506/34 of IPC, but they were released U/S. 4 of Probation of Offenders Act, 1958.

Against that order, the revision Petitioner-cum- victim has preferred an appeal before the Court of learned Sessions Judge against conviction for lesser offence and imposition of inadequate compensation in criminal appeal no. 35 of 2017 which was dismissed and the finding of the learned trial Court with regard to conviction and sentence of the Respondent Nos. 2 &3 was affirmed.

4. In the aforesaid situation, whether this Court in exercise of power of revision can interfere with the findings of the learned trial Court which was confirmed by the learned Sessions Judge in the appeal to convict the Respondent Nos. 2 &3 for higher offences and to enhance their sentence in this revision, more particularly when Section 401(2) of the CrPC provides that nothing in this section shall be deemed to authorize a High Court to convert a finding of acquittal into one of conviction. In order to satisfy this issue, Mr. P.C. Kar, learned counsel for the Petitioner seeks some time.

5. List this matter on 15.04.2025.

(G. Satapathy) Judge Priyajit

Location: HIGH COURT OF ORISSA