CRLLP/21/2018
2021 Latest Caselaw 3775 Ori

                                  CRLLP No. 21 of 2018




4.     17.03.2021               Heard learned Additional Government Advocate for
                    the appellant-State.
                                This is an appeal to leave under Section 378 (1) and
                    (3) of the Code of Criminal Procedure, 1973 challenging the
                    judgment and order dated 17.10.2017 passed by the learned
                    Additional Sessions Judge, Rayagada in C.T. 54 of 2015,
                    whereby the respondent has been acquitted of the charge under
                    Sections 376 (1) and 506 of the IPC.
                                Considering         the   submission   made    by     learned
                    Additional Government Advocate and after going through the
                    impugned judgment, this Court is of the opinion that the state
                    has made out a case for grant of leave to prefer an appeal against
                    the impugned judgment and order of acquittal.
                                Accordingly, the CRLLP is allowed. The registry is
                    directed to register the CRLLP as a Government Criminal Appeal.
                                Issue      notice    to   the   respondent    in    the   said
                    Government Criminal Appeal and call for the records.
                                Issue non bailable warrant of arrest against the
                    respondent as provided under Section 390 Cr.P.C.




                                                                  ..........................
                                                                   S. Panda, J.

Arun ............................. S.K.Panigrahi, J.