CRLLP/38/2020
2021 Latest Caselaw 4430 Ori

                                  CRLLP No. 38 of 2020




3.     30.03.2021               Heard learned Additional Standing Counsel for the
                    appellant-State.
                                 This is an appeal to leave under Section 378 (1) and
                    (3) of the Code of Criminal Procedure, 1973.
                                The respondents were the accused persons in Spl.
                    Case No. 69 of 2017 in the court of learned Additional Sessions
                    Judge-cum-Special Judge, Keonjhar. They were charged under
                    section 6 of POCSO Act read with Section 363, 376 (2)(i) & (n) of
                    IPC. The Trial Court acquitted the respondents of the charge by
                    judgment dated 29.06.2019.
                                Perused the entire evidence. On consideration of the
                    same and also the reasoning assigned by the learned Trial Court,
                    this Court is of the opinion that rightly the Court below has
                    passed the impugned order and this Court also finds that there
                    is no other materials which are available on record and have not
                    been considered by the Trial Court while passing the judgment.
                    Accordingly, if leave to appeal will be granted, the same will be a
                    futile exercise and abuse of process of the Court. As such, we
                    find no reason to grant leave.
                                The CRLLP is accordingly dismissed.



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

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