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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 :
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.
The accused appellant used to reside in his maternal uncle's house at village Champatipur who had a sugarcane cru
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