SANANDA BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant-petitioner has been convicted under Sec. 376(1) of the Indian Penal Code and Sec. 4(1) of the POCSO Act, 2012 and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.25,000.00 (rupees twenty five thousand), in default, to further undergo S.I. for a period of three months on each count for the offences under Sec. 376(1) of the Indian Penal Code and Sec. 4(1) of the POCSO Act, 2012 and the substantive sentences were directed to run concurrently by the learned Adhoc Additional Sessions Judge (FTSC), Angul in Special (POCSO) Case No.109 of 2016/ T.R. No.16 of 2021 (T.R. No.54 of 2020).

(2.) Learned counsel for the appellant-petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 4/1/2016 and he was released on bail on 26/5/2017 and thereafter, on the pronouncement of the impugned judgment, he was again taken into judicial custody and there is no material that while on bail, he has misutilised his liberty in any manner. He further submitted that there is inordinate delay in lodging the first information report which has not been explained satisfactorily by the prosecution and the doctor's (P.W.10) evidence does not indicate anything to corroborate the evidence of the victim (P.W.1) and there are good chances of success in the appeal and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.

(3.) Learned counsel for the State opposed the prayer for bail and placed the statement of the victim (P.W.1) and the doctor (P.W.10).