State Of Odisha vs Gagan @ Gandhia Dehury .... Opposite ...
2025 Latest Caselaw 4076 Ori

Orissa High Court

State Of Odisha vs Gagan @ Gandhia Dehury .... Opposite ... on 17 February, 2025

Bench: B. P. Routray, Chittaranjan Dash

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Feb-2025 15:55:40




                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                                    CRLLP No.49 of 2019
                                               State of Odisha                          ....        Petitioner
                                                                                       Mr. S. Mohanty, AGA

                                                                            -versus-

                                               Gagan @ Gandhia Dehury                   ....    Opposite Party
                                                                                                       None
                                                     CORAM:
                                                     JUSTICE B. P. ROUTRAY
                                                     JUSTICE CHITTARANJAN DASH
                                                                      ORDER

                     Order No.                                       17.02.2025
                           03.            1.    The matter is taken up through hybrid mode.

2. Heard. Mr. Mohanty, learned AGA for the State.

3. Non-appears on call for the Opposite Party despite the name of the lawyer is indicated in the list.

3. The accused was charged under Section 376/506 IPC.

4. The victim is a widow having three children and her husband expired around two years prior to the date of alleged occurrence. The accused-Opposite Party is her nephew. It is admitted by the victim (P.W.11) that Opposite Party had a visiting term to her house after death of her husband. The FIR was lodged alleging rape against the Opposite Party when the victim was found pregnant.

5. We have gone through the statements of the victim made in her deposition as produced by Mr. Mohanty, learned AGA. We have also gone through the depositions of other witnesses.

Location: High Court of Orissa, Cuttack

6. Considering all such aspects, the statement of the victim and the surrounding circumstances of the case, we do not find any reason to interfere with the impugned judgment of acquittal dated 15.03.2019.

7. The State having failed to make out the prima facie case, the CRLLP is dismissed accordingly.

8. The copies of depositions as produced by Mr. Mohanty, learned AGA, are kept on record.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge

Ranjita/sangram