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B.K.Nayak
State of Orissa – Appellant
Versus
Narayan Chandra Nayak – Respondent


Counsel for the Parties”
For the Petitioner: A. Mishra, Standing Counsel.
For the Opposite Party:Dharanidhar Nayak, B.K. Das, M.K. Mohanty and T.P. Mohapatra, Advocates.

JUDGMENT

B.K. Nayak, J.—In this application under Section 482, Cr.P.C. the petitioner State has assailed the order dated 20.8.2011 passed by the learned Additional Sessions Judge (FTC 1). Bhadrak in S.T. Case No. 76/149 of 2010 rejecting the prayer of the prosecution for displaying audio-video CDs. and cassettes containing the statements of the victim and some other prosecution witnesses recorded during their examination under Section 161, Cr.P.C., for the purpose of contradicting the said witnesses as they turned hostile to the prosecution.

2. The opposite party is facing trial in the aforesaid S.T. Case for commission of offence under Section 376 (2) (a) of the IPC and some other offences for allegedly raping a married woman. During trial, the prosecution examined 28 witnesses- including the victim and the IO out of 33 number of charge-sheet witnesses. As it appears, all the material witnesses for the prosecution including the victim did not support the prosecution case. A petition was filed on behalf of the prosecution before the Court below with the prayer that the audio-video cassettes containing the statements of the witnesses, which were produced in Court, may be displayed f

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