April to June 2013 For PDF.pmd - Orissa High Court

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BASIL LAKRA V. STATE OF ORISSA
JCRLA NO.21 OF 2004 (Dt.27.06.2013)
PENAL CODE, 1860 – S.376 (2) (f)
Rape – Appellant sentenced to R.I. for life and to pay fine of Rs.10,000/- and in default to undergo
R.I. for six months – Reduction of sentence – Victim was less than 12 years and the appellant was 45
years at the time of occurrence – Both belong to Schedule Tribe community and reside in the remote back
ward area of the State – Not warranted maximum sentence prescribed – This Court has also taken note
of that the appellant is a poor tribal and is not in a position to pay such huge amount of fine which is
not disputed by the State – Held, sentence of life imprisonment is modified to R.I. for 10 years and the
appellant is exempted from payment of fine.
(Sanju Panda, J. & Dr. B.R.Sarangi, J.)
TACHHU @ KACHHU ROUT & ORS. -V- JAYANTI BISWAL & ANR.
CRLMC NO.(S) 2187 & 2188 OF 2008 (Dt.28.06.2013)
CRIMINAL PROCEDURE CODE, 1973 – S.482
Case and counter case filed by co-villagers and the matter has been amicably settled between them
– The object of Penal Law is not merely punitive and one of the objects is to maintain peace and harmony
in the society – Since the parties do not want to prosecute each other it would not be in the interest of
justice to continue the criminal proceedings – Held, the impugned criminal proceedings are quashed.
(Dr. B. R. Sarangi, J.)
M/S. HOTEL SHEELA TOWERS (P) LTD. -V-
ORISSA ELECTRICITY REGULATORY COMMISSION & ORS.
W.P.(C) NO. 266 OF 2008 (WITH BATCH) (Dt.28.06.2013)
ODISHA ELECTRICITY REFORMS ACT, 1995 : S.39
Hotel Industry – As per Industrial Policy Resolutions 1996, hotels supplied power by charging
industrial tariff rate – Such incentive not available in I.P.R. 2001 and 2007 – Order passed by OERC Dt.
22.03.2005 reclassifying the petitioner hotel as commercial tariff instead of industrial tariff is challenged
– Held, since the benefits the petitioners are getting under I.P.R. 1996, not extended to them, it is open
for the petitioners to challenge the order of the OERC u/s 39 of the Act.
(Sanju Panda, J.)