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2021 Supreme(Ori) 476

S.K.PANIGRAHI
Sk. Hugula @ Hagura @ Wazid – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. Deepak Kumar Sahoo, Advocate, for the Appellant;Mr. Sk. Zafrulla, Additional Standing Counsel, Mr. Gagan Bihari Singh, for the Informant, for the Respondent.

ORDER

1. This matter is taken up by video conferencing mode.

2. Heard learned counsel for the appellant, learned counsel for the informant and learned counsel for the State.

3. The appellant has preferred this Criminal Appeal challenging the order dated 02.12.2020 passed by the learned Special Judge-cum-Sessions Judge, Kendrapara in T.R. Case No. 17 of 2020 arising out of Rajnagar P.S. Case No. 46 of 2020, registered under Sections 307, 376, 511/34 of IPC and section 3(1)(r), 3(1)(w)(i), 3(2)(v) of the SC & ST Act, has filed the present appeal.

4. The brief fact of the case is that the informant is suffering from cancer. On 19.02.2020, she decided to offer prayers in the village temple at night with the belief that she will be cured. At that time the appellant and other co-accused persons arrived at the premises and dragged her with an intent to rape her. When the informant tried to protest, they tried to strangle her. She somehow escaped and fled to her house.

5. Learned counsel for the appellant submits that the appellant is blameless and has been implicated merely based on doubt, previous enmity, and the confessional statement of co-accused before the police while in custody. That

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