Bibhuranjan Dalai vs State Of Orissa ..... Opp. Party
2024 Latest Caselaw 5902 Ori

Orissa High Court

Bibhuranjan Dalai vs State Of Orissa ..... Opp. Party on 2 April, 2024

Author: Savitri Ratho

Bench: Savitri Ratho

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                         CRLREV No. 231 of 2006


Bibhuranjan Dalai                     .....                            Petitioner
                                             Mr. S. Panda, Advocate on behalf of
                                                        Mr. D. Panda, Advocate
                                      Vs.
State of Orissa                       .....                            Opp. Party
                                                           Ms. S. Mishra, A.S.C.
                                               Mr. D. P. Pattnaik (for informant)
            CORAM:
                      JUSTICE SAVITRI RATHO
                                         ORDER

02.04.2024 (Through hybrid mode) Order No.

16. 1. Heard Ms. S. Mishra, learned Additional Standing Counsel

for state and Mr. D. P. Pattnaik, learned counsel for the informant.

2. Mr. D. P. Pattnaik has submitted a note of submission along

with the decision of the Supreme Court in the case of Phool Singh

vs. State of Madhya Pradesh reported in AIR 2020 SC, page 222.

This decision is also relied upon by Ms. S. Mishra, learned

Additional Standing Counsel.

3. Both the counsel lay emphasis on the submission that once

the evidence of the prosecutrix is found to be reliable and

trustworthy, further corroboration is not mandatory and conviction

of the accused can be based on the sole testimony of the

prosecutrix. They have also submitted that there is no delay in

sending the FIR to the Court of the learned Magistrate in as much

as PW14 has stated during the cross-examination that the FIR had

been sent to the Court by special messenger on the same date. If the

same has not been put up before the Court promptly, that cannot be

fatal to the case of the prosecution.

4. Further hearing is concluded.

5. Judgment is reserved.

(Savitri Ratho) Judge Subhalaxmi

Signed by: SUBHALAXMI PRIYADARSHANI

Location: Orissa High Court, Cuttack Date: 03-Apr-2024 20:33:35