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1996 Supreme(Ori) 59

P.K.MISRA
HARI MOHAPATRA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Bhagaban Mohanty, BIJAN RAY, S.K.Mohapatra

P. K. MISRA, J.


( 1 ) THE two accused persons in G. R. Case No. 410 of 1990 pending in the file of the Sub-Divisional Judicial Magistrate, Nayagarh, have filed this revision for quashing the aforesaid criminal proceedings.

( 2 ) PETITIONER No. 1 is the son of petitioner No. 2. The F. I. R. was lodged on 3-10-1990 by present opposite party No. 2 alleging that on 27-9-1990 at about 4 P. M. , the two petitioners entered inside the house of the informant and at the instigation of petitioner No. 2, petitioner No. 1 outraged the modesty of opposite party No. 3, the daughter of the informant, and attempted to commit rape. After investigation was over, charge sheet was submitted under Sections 448/114/354/506/511/34, Indian Penal Code, and cognisance was taken by the Magistrate. Though in the charge sheet and order of cognisance, Section 511 alone was indicated, it is evident that the cognisance was in respect of the alleged offence under Section 376, read with Section 511, Indian Penal Code. Before commencement of the trial, a petition for compounding the offences was tiled on behalf of the informant as well as the alleged victim, the present opposite parties 2 and 3 respectively. The co





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