CUTTACK, India, April 18 -- Orissa High Court issued the following order on March 17:

1. The present Criminal Appeal, filed by the appellants are directed against the judgment and order dated 13.09.1994 passed by the learned CJM-cum-Assistant Sessions Judge, Baripada in Sessions Trial Case No.8/43 of 1994, whereby the appellant No.1 has been convicted for the offences under Sections 366/376 of I.P.C. and the appellant No.2 has been convicted for the offence under Section 366 of I.P.C. On that count, the appellant No.1- Biswanath Khamari has been sentenced to undergo R.I. for eight years and to pay a fine of Rs.500/-, in default to undergo R.I. for three months for the offence under Section 366/376 of I.P.C. whereas the appellant No.2-Arati Parida has been sentenced to undergo R.I. for three and half years and to pay a fine of Rs.500/-, in default to undergo R.I. for three months. All the sentences were directed to run concurrently.

2. Heard Ms. Kritika Banarjee, learned counsel for the appellants and Mr. Sobhan Panigrahi, learned Additional Standing Counsel for the State.

3. The prosecution case, in brief, is that one Surendra Behera of village Bhugudakata has a daughter, namely, the prosecutrix. She was initially given in marriage to one Parasia Behera. However, due to illtreatment meted out to her by Parasia Behera and the fact that he had kept another woman as his wife, she left her matrimonial home. Subsequently, she was married to one Rabindra Singh of village Kalikapur under Baripada Sadar Police Station. Alleging similar ill- treatment by her second husband, she also left his house and began searching for work to maintain herself and her minor child. While she was sitting by the roadside in front of Waliganj School, contemplating whether to return to her mother's house or go elsewhere in search of employment, she met Arati (appellant No.2), who was returning home after finishing her work as a maid-servant. Upon enquiry, Arati learnt about the distressed condition of the prosecutrix and brought her to her house, consoling her and asking her to stay there for the time being. Arati was living with her husband Biswanath (appellant No.1) and their son aged about 7 to 8 years.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=6vaENDbZjswTL8RRQWTSZdrBbG%2FAwEhTlPRoWEnB0ngFgesjpRixWw4xKHgZuTHV&caseno=CRA/398/1994&cCode=1&cino=ODHC010003521994&state_code=11&appFlag=)

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