RAJU DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant-petitioner along with another has been convicted for the offences punishable under Sec. 376(2)(i)/323/342/34 of the I.P.C. and Sec. 6 of the POCSO Act and sentenced to undergo imprisonment for life which shall mean the remainder of his natural life and to pay a fine of Rs.10,000.00(rupees ten thousand), in default, to undergo R.I. for a further period of two years for the offence under Sec. 376(2)(i) of the I.P.C., to undergo R.I. for a period of six months each for the offence under Sec. 323/342/34 of the I.P.C. by the learned 3rd Addl. Sessions Judge -cum- P.O., Children's Court, Cuttack vide judgment and order dtd. 27/4/2019 passed in Spl. G.R. Case No.76 of 2015.

(2.) Learned counsel for the petitioner submits that the petitioner is in judicial custody since 7/11/2015 and though paper book has been prepared, there is no chance of early hearing of the appeal in the near future and the petitioner has got good chances of success in the appeal and balance of convenience is in his favour and therefore, the bail application may be favorably considered.

(3.) Learned counsel for the State place the evidence of the victim P.W.3 so also the doctor P.W.12.