Hagura@Pramod Barik Vs State of Odisha

The present appeal has been filed inter alia challenging the order of conviction and sentence passed against the appellant in G.R. Case NO.49 of 2017 arising out of Mahanga P.S. Case No.67 of 2017 by the learned Addl. Sessions Judge-cum Special Court under POCSO Act, Cuttack.

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of Vide the said judgment, the Appellant was convicted and sentenced to undergo R.1 for 10 years and to pay a fine .10,000/-i.d to undergo R.I for further period of one year for committing offence under section 376(2) (i) of the IPC, to undergo R.1 for one years for committing offence under Section 506(ii) of the IPC., and is further sentenced to undergo R.I for 10 years and to pay a fine of Rs. 10,000/- i.e. to undergo R.I for further period of one year for committing

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offence under Section 6 of the POCSO Act. All the

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substantive sentences were directed to run concurrently.

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4.1. Learned counsel appearing for the appellant contended that on his implication in the aforesaid criminal case, Petitioner was arrested on 10.05.2017 and never availed the benefit of bail during the trial or after his conviction. It is contended that in the meantime, Petitioner has already undergone sentence of 10 years so imposed for the offence under Section 376 (2) (i) of the IPC and Section 6 of the POCSO Act, but taking into account the fine imposed for the aforesaid two offences as Rs. 10,000/-each, Petitioner unless and until pays the said fine amount, has to undergo further R.I for one year each.

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4.2. Learned Counsel appearing for the appellant contended that since appellant has already undergone the sentence imposed in the meantime and he is in custody since 10.05.2017, the fine amount imposed to the tune of Rs.20,000/- and in default, R.I for one year each for the offence under Section 376(2) (i) of the IPC and Section 6 of the POCSO Act, being on the higher side, this Court may consider the same and pass the appropriate order by reducing the fine amount to some extent and pass appropriate order in the matter.

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On instruction, learned Addl. Standing Counsel produced the custody certificate SO Superintendent, Model Convict Prison, Radharamanpur, issued by the Athagarh in Court today. The same be kept on record.

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5.1. Basing on the certificate so produced, it is contended that Petitioner since has already undergone the sentence, is

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entitled to be released on 06.12.2025, if the fine amount so imposed is interfered with by this Court, otherwise he has to undergo custody of another one year.

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At this point of time, learned counsel appearing for the Appellant fairly contended that if the fine amount will be reduced to Rs.7,500/-, Appellant by paying the said amount can get the benefit of release on 06.12.2025.

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Having heard learned counsel appearing for the parties, considering the submission made and the fact that Appellant has already undergone the sentence of 10 years so imposed for the offence under Section 376(2) (i) of the IPC and Section 6 of the POCSO Act and appellant is also ready and willing to pay the fine amount, this Court while disposing the appeal is inclined to modify the sentence so far as the fine amount so imposed is concerned.

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7.1. Accordingly, this Court held the Appellant liable to pay fine amount of Rs.7,500/- (Rupees Seven thousand five hundred) consolidated for the offence under Section 376 (2)(i) and Section 6 of the POCSO Act, in default R.I for 6 months. However, if the Appellant pays the fine amount of Rs.7,500/(Rupees Seven thousand five hundred) so fixed by this Court, appropriate order be passed in releasing the appellant from custody.

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The Appeal accordingly stands disposed of with the aforesaid modification of the impugned judgment.

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(Biraja Prasanna Satapathy) Judge

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Signature Not Verified

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Digitally Signed sangita Signed by: SANGITA PATRA Reason: authenticaton of order Location: high court of orissa, cut tack Date: 06-Dec-2025 13:07:00

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Hagura@Pramod Barik v. State of Odisha

Case brief

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Hagura@Pramod Barik v. State of Odisha

Case brief

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