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2024 Supreme(Ori) 185

IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Ranjit Kumar Sahoo @ Ranjit Sahoo – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pramod Kumar Basantray, Advocate on behalf of Mr. Samarendra Mohanty, Advocate
For the Opposite Party : Ms. S. Mishra, A.S.C.

Table of Content
1. prosecution case rests on unauthorized electricity consumption. (Para 2 , 3 , 4 , 5)
2. trial court and appellate courts confirm conviction based on evidence presented. (Para 6 , 7 , 8)
3. petitioner's counsel argues discrepancies and procedural issues. (Para 9 , 10)
4. court raises concerns about prosecution's evidentiary shortcomings. (Para 11 , 12 , 13 , 14)
5. court grants benefit of doubt; conviction is overturned. (Para 15 , 16 , 17)

JUDGMENT :

This application under Section 401 read with Section 397 of the Code of Criminal Procedure (in short ‘Cr.P.C.) has been filed by the petitioner challenging the judgment dated 13.01.2006 passed in Criminal Appeal No. 5/37 of 2005-04 by the learned Ad hoc Additional District and Sessions Judge (F.T.C.)-II, Keonjhar dismissing the appeal and confirming his conviction under Section 39 of the Indian Electricity Act vide judgment dated 03.09.2004 by the learned C.J.M.-cum-Assistant Sessions Judge, Keonjhar in G.R. Case No. 591 of 1998-T.C. Case No. 239 of 2002 and sentence to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/- in default to undergo further simple imprisonment for 20 days.

2. The prosecuti

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