ABHAYA KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Revision has been filed challenging the order of conviction of the petitioner under Section 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 Sessions Judge, Talcher in Criminal Appeal No. 16/106 of 1998/2000.

(2.) AN affidavit has been filed stating that in the meantime 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.) ACCORDINGLY , while confirming the judgment of conviction 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.