JUDGMENT

S.K. Sahoo, J. - CRLA No.227 of 2008 has been filed by the appellants Kulamani Mohakud and Bala @ Chittaranjan Hesa which was presented before this Court on 13.05.2008 and admitted on 08.09.2008.

JCRLA No.78 of 2010 was registered on the basis of the prisoners petition received from the appellant Bala @ Chittaranjan Hesa, which was admitted on 04.11.2013 after condoning a delay of 502 days.

Since by the time of registration of JCRLA No.78 of 2010, the appeal preferred by the appellant Bala @ Chittaranjan Hesa has already been admitted in CRLA No. 227 of 2008, this JCRLA No.78 of 2010 is not maintainable and accordingly, the same is disposed of.

Both the appellants faced trial in the Court of learned Addl. Sessions Judge -cum- Addl. Special Judge, Baripada in G.R. Case No.431 of 2005/T.C. No.10 of 2007 for offences punishable under section 376(2)(g) of the Indian Penal Code and section 3(2)(v) of the S.C. & S.T. (PoA) Act, 1989 (hereafter 1989 Act). Learned trial Court vide impugned judgment and order dated 17.03.2008 though acquitted both the appellants of the charge under section 3(2)(v) of the 1989 Act, but found them guilty under section 376(2)(g) of the Indian Penal Code a