THE HIGH COURT OF ORISSA AT CUTTACK CRA No.263 of 1995 (In the matter of an application under Section 374 of the Criminal Procedure Code, 1973)

Bijoy Kumar Kand ……. Appellant -Versus-

State of Orissa ……. Respondent For the Appellant : Mr. Pratik Nayak, Advocate For the Respondent : Mr. Aurobinda Mohanty, ASC CORAM THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 10.02.2026 :: Date of Judgment: 19.02.2026 S.S. Mishra, J. The present Criminal Appeal, filed by the appellant under Section 374 of Cr.P.C. is directed against the judgment and order dated 18.09.1995 passed by the learned C.J.M.-cum-Assistant Sessions Judge, Mayurbhanj, Baripada in Sessions Trial Case No.54/194 of 1994, whereby the appellant has been convicted for the offence under Sections

341/376 of I.P.C. and on that count, he has been sentenced to undergo S.I. for one month for the offence under Section 341 of I.P.C. and to undergo R.I. for seven years and to pay a fine of Rs.500/-, in default to undergo R.I. for one month for the offence under Section 376 of I.P.C.

2. Heard Mr. Pratik Nayak, learned counsel for the appellant and Mr.

Aurobinda Mohanty, learned Additional Standing Counsel for the State. 3. The