Sankar Sahu vs State of Orissa - 2026 Supreme(Ori) 375

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Ori) 375

IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Sankar Sahu – Appellant
Versus
State of Orissa – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashok Das, Advocate
For the Respondent: Ms. B. Dash, ASC

Table of Content
1. challenge to conviction and sentence (Para 1)
2. incident summary and prosecution case (Para 2)
3. defense arguments on flaws in prosecution case (Para 3 , 6 , 9)
4. court's review of evidence and trial process (Para 4 , 5)
5. witness credibility and evidence sufficiency (Para 10 , 11 , 12 , 13 , 14)
6. prosecution's successful proof of assault (Para 15)
7. conclusion and modified sentencing (Para 16 , 18)

JUDGMENT :

1. Instant revision is filed under Section 401 read with Section 397 Cr.P.C. by the petitioner challenging the impugned order of conviction and sentence dated 20^th February, 2002 directed in S.C. No.8 of 2001 by learned Assistant Sessions Judge, Berhampur confirmed in Criminal Appeal No.26 of 2002 by judgment dated 20^th March, 2003 of learned Sessions Judge, Ganjam-Gajapati, Berhampur on the grounds inter alia that the same is liable to be interfered with and set aside for being legally untenable.

3. The grounds of challenge in the revision are as follows: (i) delay in lodging the FIR; (ii) the prosecution case is improbable as the injured claimed the presence of one Judhistir Sahu, who has not been examined; (iii) if the petitioner had the intention to kill

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