Kutu Kuldip @ Khutu Kuldeep vs State Of Odisha
2025 Latest Caselaw 558 Ori

Orissa High Court

Kutu Kuldip @ Khutu Kuldeep vs State Of Odisha on 13 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No. 107 of 2025

        Kutu Kuldip @ Khutu Kuldeep       ...         Appellant
                                          Mr. S. Dash, Advocate
                               -versus-
        State of Odisha                   ...       Respondent
                                      Mr. A. Pradhan, Addl. PP

                               CORAM:
                        JUSTICE G. SATAPATHY

                               ORDER(ORAL)

13.05.2025 Order No.

03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is an appeal against conviction and sentence of the appellant for commission of offence punishable U/S. 376(2)(i)(n) of the IPC r/w. Section 6 of the POCSO Act.

3. Heard, Mr. Suryakanta Dash, learned counsel for the appellant and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly informed as intimated by the learned State Counsel.

4. Admit. Since the LCR is already available, Office is requested to prepare paper books and supply the same to the learned counsel for the parties in accordance with Rules.

5. List this matter on 4th August, 2025.

6. This is an application by the appellant for stay realization of fine till disposal of the appeal.

7. Heard, Mr. Suryakanta Dash, learned counsel for the appellant and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly informed as intimated by the learned State Counsel.

8. Realization of fine from the appellant- petitioner under the impugned judgment in T.R. Case No. 137 of 2017 of the Court of learned Ad-hoc Addl. District & Sessions Judge (Fast Track Special Court), Jeypore, Koraput shall remain stayed till disposal of the appeal.

9. Accordingly, the IA stands disposed of.

10. This is an application U/S. 430(1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, "BNSS") for grant of bail to the appellant-petitioner pending suspension of further execution of his sentence till disposal of the appeal.

11. Heard, Mr. Suryakanta Dash, learned counsel for the appellant and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite being

duly informed as intimated by the learned State Counsel.

12. It appears from the record that the appellant- petitioner has been convicted for commission of offence punishable U/S. 376(2)(i)(n) of the IPC r/w. Section 6 of the POCSO Act and he is, accordingly, awarded with maximum substantive sentence of the Rigorous Imprisonment (RI) for 10 years, but he has been detained in custody for near about two years and six months.

13. In view of the aforesaid facts and after having considered the rival submissions and on going through the evidence on record, there being two distinct date of birth of the victim having proved by the prosecution, one disclosing her date of birth to be 23.02.2001, whereas other being 02.08.2002 and taking into account the grounds of challenge of conviction by the appellant keeping in view the evidence of the victim and regard being had to the custody period of the appellant for around two years and six months and the appeal being unlikely to be heard in near future, this Court without expressing any view on merits, admits the appellant to bail by suspending his sentence pending disposal of the appeal.

14. Hence, the sentence of the appellant be suspended and the appellant be admitted to bail on such terms and conditions as deems fit and proper by the convicting Court.

15. Accordingly, the IA stands disposed of.

(G. Satapathy) Judge

S.Sasmal

Location: High Court of Orissa Date: 14-May-2025 12:04:12