Orissa high court confirms conviction, modifies sentence in attempt to murder case after 30 years

CUTTACK: After a staggering three-decade delay in the disposal of a criminal appeal, the Orissa high court has modified the sentence of a man convicted … Read more

Orissa high court confirms conviction, modifies sentence in attempt to murder case after 30 years

CUTTACK: After a staggering three-decade delay in the disposal of a criminal appeal, the Orissa high court has modified the sentence of a man convicted in a 1992 attempt to murder case, reducing it to the period already undergone while enhancing the fine.The appeal, filed in 1995 against a conviction by the Assistant Sessions Judge, Kendrapara, remained pending for over 30 years before being finally adjudicated on April 16, 2026, by a single-judge bench of Justice Sibo Sankar Mishra. The prolonged pendency drew attention during the hearing, particularly as repeated efforts to secure legal representation for the appellant failed over the years.Court records reveal that multiple Amicus Curiae were appointed since 2023, but proceedings saw little progress due to their non-appearance. It was only in February 2026, after the appointment of advocates Bijay Kumar Ragada and Chetana Prakash as Amicus Curiaes, that the matter was heard conclusively, with written submissions placed on record.The case pertains to a brutal attack on a 22 year old woman in Kendrapara on the night of February 9, 1992. Acting on an FIR lodged by the victim’s father, police registered a case, leading to the appellant’s conviction under Section 307 of the IPC in 1995. The trial court had sentenced him to 10 years of rigorous imprisonment along with a fine of Rs 1,000.While affirming the conviction, Justice Mishra noted that the evidence of the victim and other prosecution witnesses was “cogent and unimpeachable,” leaving no reason to interfere with the findings of guilt.However, Justice Mishra showed leniency in sentencing, taking into account the extraordinary delay and subsequent developments in the appellant’s life. The Judge noted that the accused, who was around 22 years old at the time of the offence, is now about 55 and had spent over 1 year and 7 months in custody before being released on bail. He also noted that he has since led a stable life and is well-settled with his family.Accordingly, Justice Mishra endorsed Amicus Curiae’s submission that “incarcerating him (the appellant) at this belated stage would have a serious and cascading effect on the entire family.”Balancing these factors, Justice Mishra reduced the sentence to the period already undergone but enhanced the fine to Rs 20,000. The amount is to be paid within four weeks and will be disbursed to the victim as compensation. In case of default, the appellant will have to undergo an additional six months of rigorous imprisonment, the Judge said in the judgment.

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