NILAMBAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Though this revision came up for admission and I was not inclined to admit this revision, yet the learned counsel for the petitioner insisted that a reasoned order may be passed and keeping in view the importance of the point urged, I think it appropriate to dispose of the revision by giving a reasoned order.

(2.) The petitioner was convicted under S.354, Indian Penal Code, and was sentenced to undergo rigorous imprisonment for nine months, by the learned Additional Sessions Judge, Bhawanipatna. On appeal, this Court has affirmed the conviction and recorded a finding that considering the gravity of the offence involving a young married girl, the sentence is lenient and dismissed the appeal by judgment dated 14th of August, 1986. Thereafter the petitioner filed an application before the Sessions Judge praying therein that in view of the order passed by this Court on 20-10-1981 while admitting the Criminal Appeal No. 212 of 1981, no warrant of arrest should be issued against the petitioner and he should not be taken into custody. The said application having been rejected by the learned Sessions Judge, the present revision has been preferred.

(3.) On 20- 10-1981, the learned single Judge of this Court passed the following order :