Bapun @ Mrunmaya Sahoo vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ori) 360

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Bapun @ Mrunmaya Sahoo – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant : Sudipto Panda
For the Respondent: Ch. Satyajit Mishra

Table of Content
1. background of the case and charges (Para 1 , 2 , 3 , 4)
2. arguments against allegations and legal precedents (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 15)
3. court's analysis of the charges (Para 19 , 20 , 21)
4. conclusion and order of the court (Para 22 , 23 , 24)

JUDGMENT :

1. In this CRLREV, the Petitioner challenges the order dated 16.05.2022 passed by the learned Judge, Special Court under S.C. & ST (PA) Act- cum- Additional Sessions Judge, Angul in C.T. (Special) Case No.01 of 2021 rejecting his petition under Section 227 of the Cr.P.C. for discharging him from the alleged offences under Sections 417 / 376(2)(n) of the I.P.C. and Sections 3 (1)(w)/3(2)(v) of the S.C. & S.T. (PA) Act while discharging him from the offence under Section 493 of the I.P.C.

2. Brief fact of the case is that the Petitioner has a shop where Xerox facility is available besides sale of clothes and chappals and the victim was a customer. Four months prior to lodging of the FIR i.e. 06.11.2020, the Petitioner allegedly called over her phone and expressed his love with a promise to marry her and take her away. In the process of repeated phone calls, both of them developed love for eac