Nakhia @ Sushila @ Susil @ vs State Of Odisha
2021 Latest Caselaw 13062 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.734 of 2018
            Nakhia @ Sushila @ Susil @       ....            Appellant
            Laxmidhar Sahu @ Laxmidhar
            Sahoo
                                     Mr. Ramani Kanta Pattanaik, Adv.
                                        -versus-

            State of Odisha                        ....           Respondent
                                            Mr. Karunakar Gaya, ASC
                                            Mr. M.K. Mohanty, ASC
                       CORAM:
                       JUSTICE S.K. PANIGRAHI
                                    ORDER

Order No. 24.12.2021

02. 1. This matter is taken up through hybrid mode.

2. Learned counsel for the Appellant and learned Additional Standing Counsel for the State appearing for the Respondent are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in the presence of the learned counsels for the parties and the order is passed accordingly as follows:

3. In view of the discussions made hereinabove, especially due to lack of proper corroboration of witnesses and the weak chain of circumstantial evidence, the judgment of conviction and order of sentence impugned herein are liable to be set aside.

4. Accordingly, the Appeal is allowed. The impugned judgment of conviction and order of sentence dated 25.09.2018 passed by the learned Sessions Judge, Dhenkanal in C.T. (Ss)

// 2 //

Case No.18 of 2017 are hereby set aside. The appellant is acquitted of the said charge in the said case.

If the appellant, namely, Nakhia @ Sushila @ Susil @ Laxmidhar Sahu @ Laxmidhar Sahoo is in custody, he be set at liberty forthwith, unless his detention is required in any other case.

6. Accordingly, the CRLA is disposed of being allowed.

7. L.C.R. be returned back forthwith.

( S.K. Panigrahi) Judge BJ