DHARMESHWAR ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr Akhouri Awinash Kumar, learned counsel for the appellant, and Mr Manoj Kumar Mishra, learned A.P.P. for the State.

(2.) This matter is referred for my opinion under the provisions of Sec. 392 of the Cr.P.C., 1973, because the two learned Judges of this Court, constituting the Division Bench, were divided in their opinions delivered on 6/5/2025.

(3.) Hon'ble Mr Justice Rongon Mukhopadhyay opined that the appeal should be allowed, the appellant-accused must be acquitted of the offences punishable under Ss. 376 and 346 of the Indian Penal Code, and set at liberty if not wanted in any other case. However, Hon'ble Mr Justice Sanjay Prasad disagreed with Hon'ble Mr Justice Mukhopadhyay's opinion and maintained the appellant's conviction for the offences punishable under Ss. 376 and 346 of the Indian Penal Code. Nevertheless, Hon'ble Mr Justice Sanjay Prasad also held that the sentence for life be modified and reduced to the extent of the period undergone by the appellant in jail custody, "i.e., approximately 12 years". Accordingly, even Hon'ble Mr Justice Sanjay Prasad directed that the appellant be set at liberty forthwith, if not wanted in any other case(s).