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2003 DIGILAW 48 (ORI)

Abhaya Kumar Sahoo v. State of Orissa

2003-01-20

A.S.NAIDU

body2003
JUDGMENT A. S. NAIDU, J. — This Criminal Revision has been filed challenging the order of conviction of the petitioner under Sec¬tion 376 of the Indian Penal Code and sentence to under rigorous imprisonment for seven years and to pay a fine of Rs. 5,000.00 out of which a sum of Rs. 3,000.00 (three thousand) to be paid to the prosecutrix as compensation, and in default of payment of fine to undergo rigorous imprisonment for a further period of one year passed by the Assistant Sessions Judge, Talcher in S.T. No. 85 (A) of 1996, which has been confirmed by the Additional Ses¬sions Judge, Talcher in Criminal Appeal No. 16/106 of 1998/2000. 2. An affidavit has been filed stating that in the mean¬time the petitioner has already undergone the sentence and has, in fact, remained in custody for more than seven years. It is prayed that the petitioner may be directed to be released from custody and the sentence of fine may be set aside. 3. I have carefully gone through the judgments of the Courts below and perused the materials on record. I find no infirmity in the said judgments warranting interference in revi¬sion. However, in the peculiar facts and circumstances of the case and considering the fact that the petitioner has already undergone imprisonment even more than the sentence for seven years, I feel, ends of justice will be better served if the sentence of fine is reduced to Rs. 2,000.00 (two thousand) which amount should be paid to the prosecutrix as compensation. 4. Accordingly, while confirming the judgment of convic¬tion and the substantive sentence of imprisonment, I modify the sentence of fine and direct the petitioner to pay a fine of Rs. 2,000.000 (two thousand) instead of Rs. 3,000.00 within a period of two weeks, in default to undergo rigorous imprisonment for a period of one year. The petitioner having already suffered the substantive sentence of imprisonment, on payment of fine as directed above, shall be released from custody forthwith. The entire fine amount of Rs. 2,000.00 (two thousand) shall be paid to the prosecutrix as compensation. The Criminal Revision is thus dismissed with modification in sentence of fine. Revision dismissed with modification in sentence of fine.