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2022 Supreme(Ori) 752

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO
Sisira Pradhan – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant : Mr. Samarendra Mohanty
For the Respondent:Mr. Arupananda Das Addl. Government Advocate

Table of Content
1. criminal charges and prosecution case (Para 1 , 2)
2. testimony of witnesses and evidence collection (Para 4)
3. defense's claim of false case due to familial disputes (Para 5 , 6)
4. victim's age determination and evidence reliability (Para 8 , 9)

JUDGMENT :

1. The appellant Sisira Pradhan faced trial in the Court of the learned Sessions Judge, Phulbani in G.R. No. 48 of 2014/T.R. No. 23 of 2014 for the offences punishable under sections 376/506 of the Indian Penal Code and section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereafter for short ‘POCSO Act’).

2. The prosecution case, in short, as per the first information report lodged by the victim ‘LD’ on 12.08.2014 before the officer in-charge of Sarangada police station is that on 11.08.2014 at about 10.00 a.m. while she was sleeping in her house and her parents had been to the house of her neighbour for watching television, at that time finding her alone, the appellant Sisir Pradhan entered inside her house, gagged her mouth, opened her pant and committed rape on her. When the parents of the victim arrived at the scene of occurrence, the appellant fled away giving threat to the family members w

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