Cuttack: After a three-decade delay in the disposal of a criminal appeal, Orissa high court recently modified the sentence of a man convicted in a 1992 attempt-to-murder case, reducing it to the period he had already spent in jail, while increasing the fine amount.The appeal, filed in 1995 against a conviction by the assistant sessions judge, Kendrapada, remained pending for over 30 years before being adjudicated on April 16 this year by Justice Sibo Sankar Mishra. The prolonged pendency drew attention during the hearing, particularly as repeated efforts to secure legal representation for the appellant failed over the years.According to court records, multiple amicus curiae were appointed since 2023, but proceedings saw little progress due to their non-appearance.
It was only after the appointment of advocates Bijay Kumar Ragada and Chetana Prakash in Feb this year that the matter was heard conclusively, with written submissions placed on record.The case pertains to an attack on a 22-year-old woman in Kendrapada on Feb 9, 1992. Acting on an FIR lodged by the woman’s father, police registered a case, leading to the appellant’s conviction under Section 307 of the IPC in 1995. The trial court had sentenced him to 10 years of rigorous imprisonment and imposed a fine of Rs 1,000.
While affirming the conviction, Justice Mishra noted that the evidence of the victim and other prosecution witnesses was “cogent and unimpeachable,” leaving no reason to interfere with the findings of guilt.However, Justice Mishra showed leniency in sentencing, taking into account the extraordinary delay and subsequent developments in the appellant’s life. The judge noted that the convict, who was around 22 years old at the time of the crime, is now about 55 and had spent over one year and seven months in custody before being released on bail.
Justice Mishra also noted that he has since led a stable life and is well-settled with his family.
Accordingly, Justice Mishra endorsed the amicus curiae’s submission that “incarcerating him (the appellant) at this belated stage would have a serious and cascading effect on the entire family.”Taking into these factors, Justice Mishra reduced the sentence to the period already served but increased the fine to Rs 20,000. The amount is to be paid within four weeks and will be disbursed to the victim as compensation. In case of default, the appellant will have to serve an additional six months of rigorous imprisonment, the judge stated in his order.
