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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Jyoti Dongri – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of case facts and charges. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's analysis of evidence and conviction. (Para 6 , 7) |
| 3. importance of victim's testimony in sexual assault cases. (Para 8 , 9) |
| 4. arguments for leniency and probation consideration. (Para 12 , 13) |
| 5. final directive on probation and conclusion. (Para 14 , 15) |
JUDGMENT :
1. The present Criminal Revision filed under Section 401 read with Section 397 Cr.P.C. is directed against the judgment of conviction and order of sentence dated 25.11.2013 passed by the learned Additional Sessions Judge, Nabarangpur in Criminal Appeal No.19 of 2013, whereby the judgment of conviction and order of sentence dated 22.01.2009 passed by the learned C.J.M.-cum-Asst. Sessions Judge, Nabarangpur in C.T. No.4 of 2007 convicting the petitioner for the offence under Section 376 IPC has been confirmed.
3. On the next day, i.e. on 14.09.2006 morning, the petitioner brought the prosecutrix in the cycle and left her near same tamarind tree from where she was lifted. While doing so, the accused again alleged to had threaten her to take away her life, lest she disclosed the matter before others. Although the prosecutrix went to her ma
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