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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 :
SIBO SANKAR MISHRA, J.
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.
2. The case of the prosecution in brief is that on 30.08.1989 at about 10 a.m. in the village of Nimabahali, the accused committed house trespass at night by entering into the informant's building, Trilochan Sahoo, after the sunset and before the dawn in order to commit theft of gold articles, clothes, utensils, rice and cash dishonestly. The informant, after getting information, l
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