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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
AFR Kalia @ Abhi @ Abhimanyue Tripathy @Avimanyu Tripathy – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of fir and charges (Para 2 , 4) |
| 2. arguments on charges against the petitioner (Para 6 , 7) |
| 3. legal standards for discharge under section 227 (Para 8 , 9 , 10) |
| 4. evaluation of ingredients for section 457 ipc (Para 11 , 13) |
| 5. analysis of sexual harassment and sexual assault provisions (Para 14 , 16) |
| 6. court's conclusion on lack of prima facie evidence for charges under ipc and pocso (Para 15 , 17) |
| 7. final ruling on the revision application (Para 18) |
JUDGMENT :
1. The petitioner challenges the order dated 19.12.2022 passed by the learned Additional District Judge-cum-FTSC, Kendrapara in GR case No.17 of 2020 whereby his application filed under Section 227 of Cr.P.C. for discharge was partly allowed.
Basing on such report, Derabish Police Station Case No. 35 of 2021 was registered under Sections 457 / 376/511 IPC and Section 8 of the POCSO Act. Upon completion of investigation, charge-sheet was submitted also under the aforementioned sections.
4. The Court below was of the view that the ingredients of all the offences except the offence under Section 376 /511 IPC are made out. Further, the ingredients of the offence under Section 354 A of is also
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