Dhuleswar v. State
Case brief
What is this about?
The High Court upheld the conviction under Section 498-A IPC but modified the sentence to the period of rigorous imprisonment already undergone by the appellant, considering the lapse of nearly 28 years since the case's inception.
What did the court decide?
The order of conviction is maintained but the sentence is reduced to the period of rigorous imprisonment already undergone; bail bonds discharged.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRA NO.11 OF 1999
From the judgment of conviction and order of sentence dated 23.12.1998 passed by the learned. Sessions Judge, Khurda at Bhubaneswar in S.T. Case No.84 of 1998.
…. Dhuleswar @ Dhula Mohapatra Appellant -versus…. State of Orissa Respondent
Appeared in this case by Video Conferencing Mode:
For Appellant - Mr.G.K.Mohanty, G.P.Samal,
B.P.Pradhan, S.R. Swain,
D.K.Nanda, P.C.Mohanty and
P.K.Panda
For Respondent - Mr. Soubhagya Ketan Nayak,
Additional Government Advocate
CORAM:
MR. JUSTICE D.DASH
HEARING & JUDGMENT :09.07.2021
D. Dash, J
- The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dated 23.12.1998 passed by the learned Sessions Judge, Khurda at Bhubaneswar in S.T. Case No.84 of 1998.
The Appellant having faced the Trial for the offence punishable under section 498-A/302/201 read with section 34 of the Indian Penal Code (in short, ‘the IPC’) has been convicted for commission of offence under section 498-A of the IPC. Accordingly, he has been sentenced to undergo R.I. for a period of one year.
Issues for consideration
3 issues framed by the court
Whether the finding of guilt under Section 498-A IPC is perverse given the general nature of the eyewitness testimony.
Whether the sentence of one year rigorous imprisonment should be modified to the period of jail already undergone.
Whether the flexible approach towards long-pending matrimonial cases justifies reducing the sentence.
Parties & counsel
- appellant
Dhuleswar @ Dhula Mohapatra
- respondent
State of Orissa
Coram
D. Dash
Case details
As recorded by the court registry
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