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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Dulia @ Dilip Kumar Nayak – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. criminal appeal process overview. (Para 1 , 2) |
| 2. factual background of the alleged crime. (Para 4 , 5 , 6) |
| 3. testing the prosecution case against evidentiary standards. (Para 7) |
| 4. defense arguments against conviction. (Para 8 , 9) |
| 5. issues with evidence and witness credibility. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 6. court's conclusion and decision on appeal. (Para 16) |
| 7. outcome of the criminal appeal. (Para 17) |
Judgment :
S.S. Mishra, J.
1. The present criminal appeal is directed against the judgment dated 26.07.1999 passed by the learned Additional Sessions Judge, Kendrapara in S.T. Case No.5/25 of 1997, arising out of G.R. case No. 794 of 1996, whereby the present appellants (accused Nos. 1 and 3) were convicted under Section 376(2)(g) IPC (gang rape) and sentenced to undergo rigorous imprisonment for seven years each, while being acquitted of the charge under Section 379 IPC.
2. The Appellant No.2 has already expired as per the order dated 22.11.2022. The appeal qua him stood abated in the absence of any application U/S. 394 Cr.P.C. by his Legal Representatives or next friend.
3. Heard Mr. Debi Prasad Pattnaik, learned counsel, for the appellants and Mrs. Sarita Mo
The prosecution failed to prove charges of gang rape beyond a reasonable doubt due to inconsistent testimony and lack of corroborating evidence, emphasizing the necessity for proper identification pr....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The prosecution must prove each element of a rape charge beyond reasonable doubt, and failure to conduct a Test Identification Parade undermines the reliability of witness identification.
So far as allegations of rape are concerned, the evidence of a prosecutrix must be examined as that of an injured witness whose presence at spot is probable but it can never be presumed that her stat....
Conviction for sexual offences can be based solely on the victim's credible testimony, without corroboration, if the evidence is clear and consistent; defendants must prove material inconsistencies f....
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