State Of Orissa vs Sanatan Behera
2025 Latest Caselaw 7511 Ori

Orissa High Court

State Of Orissa vs Sanatan Behera on 24 April, 2025

Bench: B.P. Routray, Chittaranjan Dash

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLLP No. 137 of 2016

                 State of Orissa                        ....            Petitioner
                                                         Ms. B.L. Tripathy, ASC

                                             -versus-

                 Sanatan Behera
                                                        ....             Opp. Party
                                                        Ms. J. Sarkar, Advocate
                                           on behalf of Mr. S.K. Jena, Advocate

                              CORAM:
               THE HON'BLE MR. JUSTICE B.P. ROUTRAY
            THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                             ORDER

Order No.                                   24.04.2025

  07.       1.       Heard learned counsel for the Parties.

2. The charge was for the commission of offence under Section 376(2)(j)(l)(n)/506/34 of the IPC.

3. According to the prosecution case, three persons committed rape on the victim girl during the same period of time taking advantage of her mental retardation. The victim was found pregnant for five months at the time of reporting the case.

4. Undoubtedly, the lower Court has accepted the mental retardation of the victim girl based on the certificate produced to that effect and also relying on the evidence of witnesses including the parents of the victim.

5. It is seen that the prosecution has not medically tested the potency of the present Opposite Party regarding his capability for sexual intercourse, though according to medical evidence there was no sign and symptom of forcible act of sexual intercourse. The prosecution suffers from such vital lacuna regarding failure on their part to test the potency of the Opposite Party regarding his capability for sexual act. This is a major flaw committed by the prosecution in establishing the charge of rape against present accused. It is further found that there are three accused persons allegedly committing rape during the same period of time on the victim besides other inmates present in the house where the rape was allegedly committed. Therefore, the benefit of doubt as extended in favour of the accused (present Opposite Party) cannot be viewed with any flaw and as such, we agree with the findings and conclusion deduced by the learned trial Court.

6. We have also perused the copies of the evidences of the witnesses produced by Ms. Tripathy, learned ASC in course of hearing.

7. Upon analysis of the evidences as well as the judgment of the learned trial Court, we do not see any prima facie case in favour of the prosecution to grant leave for Appeal.

8. The CRLLP is accordingly dismissed.

9. The copies of evidences are kept on record.

(B.P. Routray) Judge

(Chittaranjan Dash)

Signed by:AKBIJAY KETAN SAHOO Pradhan/Bijay Reason: Authentication

Date: 25-Apr-2025 17:51:11