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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Bapi@Jayakrushna Pradhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. conviction details and case background. (Para 1 , 2 , 3 , 4) |
| 2. defense arguments and prosecution doubts. (Para 6 , 7 , 8) |
| 3. assessment of evidence and victim's credibility. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. conclusion acquitting the appellant. (Para 16) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The appellant questions the correctness of the judgment passed by learned Sessions Judge-cum-Special Judge, Nayagarh on 17.11.2016 whereby he was convicted for the offence under Sections 363 and 376 of IPC and Section 6 of the POCSO Act and further was sentenced to undergo R.I. for three years and to pay fine of Rs.1,000/-, in default, to undergo R.I. for period of fifteen days for commission of the offence under Section 363 of ; R.I. for ten years and to pay fine of Rs.10,000/-, in default to undergo R.I. for one month for the offence under Section 6 of the POCSO Act. No separate sentence was passed for the offence under Section 376 of in view of the sentence passed under Section 6 of the POCSO Act. It was further directed that the sentences as above shall run concurrently.
2. The prosecution case, in brief, is as follows:
The accused appellant used to reside in his
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