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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, G.SATAPATHY
Gandhi Bindhani – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. facts of the case and prosecution proceedings (Para 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties (Para 6 , 8 , 9) |
| 3. court's analysis of evidence and credibility issues (Para 10 , 11) |
| 4. final ruling and order of acquittal (Para 12) |
JUDGMENT :
D. Dash, J.
The Appellant, by filing this Appeal, from inside the jail, has called in question the judgment of conviction and order of sentence dated 08.12.2017 passed by the learned Sessions Judge-cum-Special Judge, Kandhamal, Phulbani in Criminal Trial No.140 of 2016 arising out of G.R. Case No.201 of 2016 corresponding to Balliguda P.S. Case No.68 of 2016 on the file of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Baliguda.
The Appellant (accused) thereunder has been convicted for commission of offence under sections 376(2)(n) of the Indian Penal Code, 1860 (for short, ‘the IPC ’) and section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, S.C. & S.T. (PoA) Act. Accordingly he has been sentenced to undergo imprisonment for life and pay a fine of Rs.50,000/- (Rupees Fifty Thousand) in default to undergo rigorous imprisonment for a period of one year on
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