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2025 Supreme(Ori) 275

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO, CHITTARANJAN DASH
Baraju Mania @ Behera – Appellant
Versus
STATEState of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Arun Kumar Das Advocate
For the Respondent:Mr. Jateswar Nayak Addl. Govt. Advocate

Table of Content
1. factual background of the case including prosecution's evidence. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. parties' arguments regarding evidence and guilt. (Para 7 , 8)
3. court's analysis of circumstantial evidence. (Para 9 , 10 , 11 , 12 , 13 , 14)
4. conclusion that the prosecution failed to prove guilt beyond reasonable doubt. (Para 15)

JUDGMENT :

S.K. Sahoo, J.

The appellant Baraju Mania @ Behera faced trial in the Court of learned 1st Additional Sessions Judge, Puri in S.T. Case No.28/642 of 2003 for offences punishable under sections 376/302 of the Indian Penal Code (hereinafter, 'I.P.C.') on the accusation that on 23.05.2003 at about 3.30 p.m. in a ditch near a banyan tree (locally known as 'Fasidia Baragacha') of village Podatara under Puri Sadar police station, he committed rape on 'MP' (hereafter, 'the deceased') and intentionally committed her murder.

The learned trial Court vide impugned judgment and order dated 07.06.2005 found the appellant guilty under both the charges and sentenced him to undergo imprisonment for life under section 302 of the I.P.C. and to undergo R.I. for ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.

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