NOKI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Noki @ Laki Majhi faced trial in the Court of learned C.J.M.-cum-Asst. Sessions Judge, Kalahandi, Bhawanipatna in Sessions Case No. 94/44 of 2005 for the offences punishable under Section 376 and 456 of the Indian Penal Code. Learned Trial Court vide impugned judgment and order dated 31.10.2006, found the appellant guilty under Sections 376 and 456 of IPC. The appellant was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/- (Rupees ten thousand) only, in default of payment of fine, to undergo further R.I. for one year for the offence under Section 376 of IPC. The appellant was further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/- (Rupees two thousand) only, in default of payment of fine, to undergo rigorous imprisonment for two months for the offence under Section 456 of IPC. Both the sentences were directed to run concurrently. It was further directed that the period undergone to be set off and out of the total fine amount of Rs. 12,000/- if realized, a sum of Rs. 7,000/- (Rupees seven thousand) only be paid to the victim towards compensation.

(2.) It appears that on receipt of an application from the Jail, this Jail Criminal Appeal was registered and on 28.01.2008 after condoning the delay in filing the Jail Criminal Appeal, the appeal was admitted.

(3.) Section 374(2) of Cr.P.C. states as follows:--