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2026 Supreme(Ori) 408

IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Abinash Digal @ Papun Digal – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant : Mr. Soumyajit Biswoprakash, Adv., Mr. G.R. Dhal, Adv.
For the Respondent: Mr. Tej Kumar, ASC Ms. Barsharani Sahoo, Adv.

JUDGMENT:

Sanjeeb K.Panigrahi, J.

1. The Appellant has filed the instant Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973/ Section 415 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellate jurisdiction of this Court. The appeal is preferred against the Judgment dated 01.10.2014 passed by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Phulbani, in C.T. Case No.56 of 2021 arising out of Raikia P.S. Case No.82 of 2021, whereby the appellant was convicted for the offences under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 354 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs 5,000/- and in default of payment of fine undergo rigorous imprisonment for two months.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) On 26.08.2021, at about 3 PM, the informant, along with the victim, her parents, and her cousin sister, was travelling from the village Raikia to G. Udayagiri in a Pakhiraj Bus. During the journey, the victim was seated on the right-side window seat of the said bus.

(ii) The Victim alleged

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