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2022 Supreme(Ori) 11

A.K.MOHAPATRA
Himadri Malaya Mangaraj @ Raju – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. S.K. Dalai, Advocate, for the Appellant; Mr.M.K. Mohapatra, Asc for State-Respondent. No.1 Mrs. S.L. Pattanaik, Advocate, for Respondent. No.2, for the Respondent.

ORDER

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for the Appellant, learned counsel for the State-Respondent No.1 and learned counsel for the Informant- Respondent No.2.

3. Pursuant to direction of this Court dated 25.02.2022, the 164 statement of the victim girl has been recorded again. Learned counsel for the State files certified copy of the 164 statement in Court today, the same is taken on record.

4. This appeal has been filed by the Appellant challenging the order dated 10.05.2021 passed by the learned Addl. Sessions Judge -cum-Special Court under POCSO Act, Bhawanipatna in C.T. No. No.98/30 of 2021, arising out of Mandanpur P.S. Case No.51 of 2021 for commission of alleged offences under Sections 363/366/ 343/376(2)(n)/376(1)/109/212/34 of I.P.C. r/w. Section 6/17 of the POCSO Act and Sections 3(1)(xii)/3(2)(va) and Sections 3(2)((v) of SC & ST (POA) Act, rejecting the bail application filed by the Appellant.

5. The prosecution case in brief is that the Respondent No.2 lodged a written report before the IIC, Madanpur Police Station alleging therein that on 7.3.2021 night at about 11 P.M. his daughter Alaka Naik, aged a

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