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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, SASHIKANTA MISHRA
Purna Chandra Naik @ Punia – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. evidence and witness evaluations. (Para 5 , 6 , 10) |
| 3. arguments on the reliability of witness testimony. (Para 7 , 8 , 11) |
| 4. burden of proof not met by prosecution. (Para 12) |
| 5. conclusion: appeal allowed and conviction set aside. (Para 13) |
JUDGMENT :
1. The Appellants, by filing this Appeal, from inside the jail, has called in question the judgment of conviction and order of sentence dated 09.01.2012 passed by the learned Adhoc Additional Sessions Judge (Fast Track Court), Keonjhar in S.T. Case No.08/38 of 2011 arising out of G.R. Case No.921 of 2010 corresponding to Turumunga P.S/. Case No.70 of 2010 of the Court of learned S.D.J.M., Keonjhar.
2. The prosecution case in short is that on 30.09.2010 around 11 pm to 12 mid night, the occurrence took place in the house of the accused at village Murusuan. The Deceased Manjulata had married the accused about three (3) months before the said incident. She was residing in the house of accused. On that day, both husband and wife(accused and the deceased) were in their bed room, when the attention of the father of the accused namely, Dusasan (Informant- P.W.1) was drawn
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