CRLLP/35/2020
2021 Latest Caselaw 4432 Ori

                                   CRLLP No. 35 of 2020




4.     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 respondent was the accused person in S.T. Case No.
                    56 of 2016 in the court of learned Sessions Judge, Keonjhar. He was
                    charged under section 302 IPC. The Trial Court acquitted the
                    respondent of the charge by judgment dated 03.12.2019.
                                 Perused the record. P.W.6 in his deposition has stated
                    that she was aged about 4 to 5 years when the incident took place. She
                    was not examined by police in connection with murder of her father
                    nor she had stated before police what she is depositing in Court.
                    Therefore, the learned Trial Court has not accepted the evidence of
                    P.W.6 and also the evidence of the informant. 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. 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.



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

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

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