THE HIGH COURT OF ORISSA AT CUTTACK CRA No. 59 of 1999 (In the matter of an application under Section 374 (2) of the Criminal Procedure Code, 1973)

Manmatha Kumar Nayak …… Appellant -Versus-

State of Orissa .….. Respondent For the Appellant : Ms. Aurolina Pal, Amicus Curiae For the Respondent : Mr. Sobhan Panigrahi, ASC CORAM THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 09.04.2026 : Date of Judgment: 16.04.2026 S.S. Mishra, J. The sole appellant although stood charged for the alleged commission of offence under Section 304-B of IPC, but the court of the learned Additional Sessions Judge, Balasore vide impugned judgment dated 20.02.1999 found the appellant not guilty of the offence charged, however, held him liable for the offence under Section 498-A of IPC. Accordingly, vide impugned judgment dated

20.02.1999 passed in S.T. Case No. 27/149 of 1997, the learned Additional Sessions Judge, Balasore, rejected the prayer of the appellant to treat him under the provisions of Probation of Offenders Act and sentenced him to undergo R.I. for two years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default to undergo R.I. for a period of six months.

The appellant