Orissa High Court
State Of Odisha vs Sk. Balia@Mir Nuruddin And Another .... ... on 18 February, 2025
Bench: B. P. Routray, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLLP No.130 of 2016
State of Odisha .... Petitioner
Mr. J. Khandayatray, A.S.C.
-versus-
Sk. Balia@Mir Nuruddin and another .... Opposite Parties
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE CHITTARANJAN DASH
ORDER
18.02.2025
Order No.
03. 1. Heard Mr. J. Khandayatray, learned Additional Standing
Counsel for the State-Petitioner.
2. The offences charged are under Sections 294,506,509/34,
376(2)(i) of the India Penal Code and Section 6 of the Protection
of Children from Sexual Offences Act.
3. Two accused persons are there, namely, Sk. Balia @ Mir
Nuruddin, aged about 30 years, and Sk. Munu @ Sk. Mahiuddin.
Accused No.2 is the father-in-law of Accused No.1.
4. There are three victims, Viz. X, Y and Z. Victims X and Y
were aged about 3 & 4 years respectively and Victim Z was aged
about 11 years on the date of occurrence. Victim X and Y were
unable to depose as they failed to answer rationally before the
trial court. Victim Z has deposed as P.W.11. The evidence of
P.W.11 and her mother (P.W.6) are not found corroborative to
each other on material aspect. It is the admitted case that, the
family of the victims and family of the accused persons are in
Location: High Court of Orissa, Cuttack
Date: 19-Feb-2025 14:32:55
inimical term and they are not pulling well since long regarding
possession over a piece of Govt. land.
5. According to the opinion of the medical officer (P.W.8), no
sign and symptom of any recent sexual act or injury was found
either on the private part of the victims or on their bodies. No
injury or symptom was also found on the person of the accused -
Sk. Balia.
6. Learned trial court upon vivid discussion of the material
evidences brought on record and the inimical relationship
between the parties, did not found the charges established against
any of the accused persons.
7. We have gone through the impugned judgment as well as the
copies of the evidences of all such witnesses produced by Mr. J.
Khandayatray, learned A.S.C. Upon going through all such
materials and records, we are in agreement with the finding of the
learned trial judge to confirm the order of acquittal.
8. In the result, we do not find any prima facie case in favour of
the State and as such, the CRLLP is dismissed.
9. The copies of the depositions as produced by Mr. J.
Khandayatray, learned Additional Standing Counsel for the State-
Petitioner are kept on record.
(B.P. Routray)
Judge
(Chittaranjan Dash)
Judge
B.K. Barik
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Feb-2025 14:32:55
