CRLLP/79/2019
2021 Latest Caselaw 4965 Ori

                                 CRLLP NO.79 OF 2019




03.   09.04.2021         This matter is taken up by video conferencing mode. Heard
                   learned Additional Standing Counsel.

                   2.    This is an application for leave to appeal under Section 378
                   (1) and (3) of the Code of Criminal Procedure, 1973 challenging
                   the judgment dated 07.12.2018 passed by the learned Additional
                   Sessions Judge-cum-Special Judge, Parlakhemundi in G.R. Case
                   No.3 of 2016 (Trial No.36 of 2016) whereby the respondents have
                   been acquitted of the charges under Sections 376 (i) / 506 of I.P.C.
                   read with Section 4 of POCSO Act.

                   3.     Perused the entire evidence. On consideration of the same
                   and also the reasoning assigned by the learned trial court in
                   paragraph-18 of the impugned judgment, this Court is of the
                   opinion that rightly the trial court has passed the order of acquittal,
                   as such if leave will be granted, it will be a futile exercise and
                   abuse of process of Court. Accordingly, this Court finds no reason
                   to grant leave.

                         The CRLLP is accordingly dismissed.

                   4.    As the restrictions due to the COVID-19 situation are
                   continuing, learned counsel for the parties may utilize a soft copy
                   of this order available in the High Court's website or print out
                   thereof at par with certified copy in the manner prescribed, vide
                   Court's Notice No.4587, dated 25th March, 2020.
        BP
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                                                                              S.Panda, J.

. . .

S.K.Panigrahi, J.