Kamapala Debata vs State Of Odisha

V. Narasingh, J

Heard Mr. S.K. Behera, learned Amicus Curiae for the Petitioner and learned counsel for the State.

Assailing the judgment dated 19.03.2005 passed by the learned Ad hoc Addl. Sessions Judge, Fast Track Court, Keonjhar in Criminal Appeal No.75/60 of 2003/04 confirming the judgment dated 29.11.2003 passed by the learned Sub-Divisional Judicial Magistrate, Anandapur in G.R. Case No.212 of 1999 (T.C. No. 655 of 1999), thereby convicting the petitioner under Section 323 I.P.C. and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/- and in default thereof, to undergo rigorous imprisonment for two months.

Learned Amicus Curiae submits that the appreciation of evidence is ex-facie perverse which has been mechanically accepted by the learned Appellate Court. Hence, the matter merits consideration.

Per contra, the learned counsel for the State supports the impugned judgment.

This Court perused the evidence of P.W.1.

On perusal of the same and vis-à-vis the other materials on record, this Court is not persuaded to hold that there is any infirmity in the appreciation of evidence by the learned Courts below. Hence, this Court is not inclined to accept the submission that the conviction merits interference.

It is on record that the incident relates to the year 1999 and there is nothing on record to indicate that the Petitioner who was on bail throughout has misused the trust reposed in him.

Hence, referring to the same, it is submitted by the learned Amicus Curiae that it’s a fit case where the provisions of Probation of Offenders Act, 1958 needs to be invoked.

This Court finds force in such submission in the light of latest dictum of the Apex Court in the case of Chellammal and Another vs. State Represented by the Inspector of Police reported in 2025 SCC OnLine SC 870.

Hence, in the given factual matrix of the case at hand and in view of the evidence on record, while maintaining the conviction recorded against the Petitioner by the learned Trial Court, and having regard to the facts and circumstances, this Court is inclined to direct the release of the Petitioner on probation under Section 4 of the P.O. Act, on his executing a bond of Rs.5,000/- within four weeks hence. In the event of violation of the stipulation of the bond, he shall be dealt with in accordance with Section 9 of the P.O. Act.

The Criminal Revision is accordingly disposed of.

The fees of the learned Amicus Curiae is assessed at Rs.7,500/-. The Legal Services Authority, High Court of Orissa, is requested to disburse the same to the learned Amicus Curiae on being moved.