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2024 Supreme(Ori) 322

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Sonarul Sk. – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant :Mr. Asit Kumar Jena Advocate
For the Respondent: Mr.P.K. Mohanty Additional Standing Counsel

Table of Content
1. conviction details and facts of the case (Para 1 , 2 , 3 , 4)
2. the defense argument and state response (Para 5 , 6)
3. analysis and observations on evidence (Para 7 , 8)
4. judgment not sustainable due to evidence flaws (Para 9)
5. appeal allowed and order of release (Para 10)

JUDGMENT :

1. The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dated 27.01.2016 passed by the learned 3rd Additional Sessions Judge, Cuttack in 2(a)C.C. Case No.14 of 2014.

2. The prosecution case, in short, is that on 18.10.2014 at about 7.30 am, the Sub-Inspector (S.I) of Excise, E.I. & E.B., Unit-2, Cuttack (P.W.3) with other staff were performing patrolling duty near Cuttack Railway station. They found one person to be sitting in front of the Gate no.2 Railway Station, which is infront of the Trinath Temple. He was then carrying two plastic white jari bags containing some articles in both his hands. That person at the sight of P.W.3 and others attempted to escape. So, on suspicion P.W.3 and others detained him. Two independent witnesses were then called to the spot. P.W.3 disclosed his identity to that person and ascertained his identity too

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