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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Tian @ Nilakantha Naik @ Harijan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. conviction details and context. (Para 1 , 2 , 3) |
| 2. assessment of evidence by the trial and appellate court. (Para 4 , 9) |
| 3. arguments from counsel regarding evidence. (Para 7 , 8) |
| 4. decision on sentence reduction based on incarceration. (Para 11 , 12) |
| 5. conclusion and order of the court. (Para 14 , 15) |
JUDGMENT :
V. Narasingh, J.
1. The Criminal Revision has been filed assailing the Judgment dated 15.10.2025 passed by the learned Additional Sessions Judge, Dharamgarh, Kalahandi in Criminal Appeal No.22 of 2024 thereby affirming the judgment and order of conviction dated 11.12.2023 of the Petitioner passed by the learned Assistant Sessions Judge, Jaipatna in C.T. Case No.110/56 of 2023 (corresponding to Jaipatna P.S. Case No.433 of 2022) under Sections 341 /324 of Indian Penal Code, 1860 (hereinafter referred to as IPC ) and sentencing him to undergo S.I. for fifteen days for the offence under Section 341 and to undergo S.I. for two years for the offence under Section 324 and directing both the sentences to run concurrently.
2. It is the case of the prosecution that on 02.12.2022 at about 9:10 PM, while P.W.5 (Informant/injured) was talking with his friends in fron
Revisional courts should only interfere with lower court judgments in cases of clear perversity; otherwise, decisions regarding evidence are upheld.
The court upheld the trial court's convictions for outraging modesty and arson, confirming that decisions on evidence were sound and legal.
The appellate court affirmed the trial court's conviction, emphasizing limited scrutiny of evidential assessments, and extended probation based on the Petitioners' ages and lack of subsequent offense....
The Court held that it was appropriate to grant probation to the convicted individuals based on their long-standing conduct and the nature of the offenses under the Probation of Offenders Act, 1958.
Inconsistencies in the evidence and failure to properly appreciate the material on record can lead to a manifest error of law, resulting in the acquittal of the accused.
Convicted individuals may be granted probation under the Probation of Offenders Act based on age, societal integration, and absence of further criminal activity.
The court upheld the conviction under IPC Sections 323, 504, 341, and 509, while modifying the sentence to align with the interests of justice.
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