Justice has come to a man from the Odisha High Court 23 years after a house-breaking and theft case was registered against him. The High Court expressed displeasure over the dismissal of his appeal by a sessions court in his absence.

The court observed that the law does not permit an appeal filed by a convicted person to be dismissed solely on the ground of non-prosecution or the absence of the appellant or his lawyer. Such a practice, the court said, turns the appellate process into a mere formality.

The High Court stressed that an appeal must be decided on the basis of the evidence and facts of the case. Justice cannot be buried under technicalities and procedural formalities, it observed.

The court further said that if a lawyer representing an appellant remains absent during the hearing, the court can appoint an amicus curiae to assist it and decide the matter on its merits.

A division bench comprising Justice V. Narasingh was hearing a petition filed by Basanta Kumar Pal. The High Court subsequently set aside the order of the JMFC court.

Theft Case Registered in 2003

According to the case details, the petitioner was accused in a house-breaking and theft case registered at Mangalabag Police Station on October 31, 2003.

On July 30, 2013, the JMFC court convicted him and sentenced him to one year in prison along with a fine of ₹2,000.

Challenging the conviction, the petitioner filed an appeal before the Cuttack Sessions Court. However, the appeal was dismissed on March 18, 2014, in his absence.

The petitioner then approached the Odisha High Court challenging the sessions court’s order.

While hearing the matter, the High Court held that the appeal should not have been dismissed merely because the appellant or his counsel was absent. The court accordingly set aside the JMFC’s conviction order and provided relief to the petitioner.

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