CRLLP/34/2020
2021 Latest Caselaw 4434 Ori

                                    CRLLP No. 34 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. No.
                    123 of 2016 in the court of learned First Addl. Sessions Judge,
                    Rourkela. He was charged under section 354-A/354-B and 376
                    (2)(k) of IPC. The Trial Court acquitted the respondent of the
                    charge by judgment dated 19.02.2020.
                                   Perused the record. The Trial Court has discussed all
                    the evidences produced by the prosecution and on a threadbare
                    discussion opined that the evidence of victim is not trust worthy.
                    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 there is no
                    illegality or irregularity in the said 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.

Arun