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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Gatia @ Gatikrushna Pradhan – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. overview of the case background and charges. (Para 1 , 2 , 3) |
| 2. trial court's evidential analysis and convictions. (Para 4 , 5 , 11) |
| 3. arguments against the validity of evidence and presumption. (Para 6 , 10 , 14) |
| 4. court's view on prosecution's failure to prove case. (Para 15 , 17) |
| 5. final judgment of acquittal. (Para 18) |
JUDGMENT :
The present Criminal Revision Petition filed by the petitioner under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order dated 25.05.2000 passed by the learned Sessions Judge, Dhenkanal-Angul in Criminal Appeal No.78 of 1990, whereby the judgment of conviction and order of sentence dated 03.07.1990 passed by the learned S.D.J.M., Hindol in G.R. Case No.106 of 1989 (Trl. No.308 of 1989) was confirmed.
3. To bring home the charges, the prosecution examined altogether five witnesses and exhibited seven documents. The plea of defence was that of complete denial. In proof of his plea, no evidence was adduced from the side of the defence. P.W.1 was the informant, whereas P.Ws.2 & 3 were the seizure witnesses. P.W.4 was the Special Judicial Magistrate before whom T.I. Parade was conducted. P.W.5 was the In
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