CRLLP/31/2020

Citation : 2021 Latest Caselaw 65 Ori
Judgement Date : 4 January, 2021

Orissa High Court
CRLLP/31/2020 on 4 January, 2021
                               CRLLP No.31 of 2020




02.   04.01.2021             This    matter   is   taken   up     through   Video
                   conferencing because of COVID-19 pandemic.
                             Heard Sk. Zarfulla, learned Additional Standing
                   Counsel for the State.
                             The State has preferred this CRLLP under Section
                   378(1)(3) of the Code of Criminal Procedure, 1973
                   challenging the judgment and order of acquittal dated
                   25.02.2020 passed by the learned Additional Sessions-
                   Cum-Special Judge, Malkangiri in T.R. No.12 of 2019,
                   whereby     the   respondent     has    been    acquitted   for
                   commission of offences punishable under Sections 363/
                   366/ 354-D/ 376(1) of the I.P.C. read with Section 4/12 of
                   the Protection of Children from Sexual Offences Act, 2012.
                             Having heard the learned Additional Government
                   Advocate and going through the aforesaid judgment and
                   order, we are of the opinion that there is no substantial
                   and compelling reason to grant leave to appeal as the
                   State has not made out a case for a detailed scrutiny of
                   the judgment and order of acquittal in exercise of the
                   appellate jurisdiction.
                             Accordingly, leave is not granted to the State to
                   file appeal against the aforesaid judgment.
                             The CRLLP is dismissed.
                             As restrictions are continuing due to COVID-19
                   pandemic, learned counsel for the parties may utilize the
                       2




     soft copy of this order available in the High Court's official
     website or print out thereof at par with certified copies in
     the manner prescribed, vide Court's Notice No.4587, dated
     25.03.2020.



                                          .............................
                                           S. K. Mishra, J.

................................... Savitri Ratho, J.

BJ