Orissa High Court
Rajaram Muduli vs State Of Odisha on 8 January, 2025
Bench: K.R. Mohapatra, V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No. 151 of 2024
Rajaram Muduli .... Appellant
Mr. J.K. Padhi, Advocate
-versus-
State of Odisha .... Respondent
Mr. P.K. Sahoo, ASC
Mr. Suresh Kumar Hodopo, Adv. (Informant)
CORAM:
Mr. JUSTICE K.R. MOHAPATRA
Mr. JUSTICE V. NARASINGH
ORDER
08.01.2025
Order No.
04. 1. This matter is taken up through hybrid arrangement (virtual/
physical) mode.
2. We disapprove appearance of the victim and the
informant along with the learned counsel representing the
informant in the Virtual High Court, Jeypore.
3. Perused the prisoner's petition and impugned judgment
of conviction and sentence.
4. Heard Mr. J.K. Padhi, learned counsel for the Appellant,
Mr. P.K. Sahoo, learned Additional Standing Counsel and Mr.
Suresh Kumar Hodopo, learned counsel for the Informant.
5. Admit.
6. Call for the soft copy of the TCR.
7. Registry shall expedite preparation of the paper book
upon receipt of the soft copy of the TCR.
8. Put up this matter on 22.04.2025.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
Order No.
05. 1. Heard Mr. J.K. Padhi, learned counsel for the Appellant,
Mr. P.K. Sahoo, learned Additional Standing Counsel and Mr.
Suresh Kumar Hodopo, learned counsel for the Informant.
2. This is an application for stay realization of fine amount.
3. Since the Appeal is admitted for hearing, there shall be
stay realization of fine imposed upon the Appellant pursuant to
the judgment dated 12.07.2024 passed by the learned Additional
District & Sessions Judge-cum-Special Court under POCSO Act,
Jeypore, Dist-Koraput in T.R. Case No.63 of 2020 till disposal of
the Appeal.
4. The I.A. is accordingly disposed of.
[ ]
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
Order No.
06. 1. The Appellant by filing this I.A. under Section 389 of
Cr.P.C. prays for suspension of execution of sentence imposed
upon him for the conviction recorded under Section 376AB of
IPC and Section 6 of the POCSO Act by the learned Judge,
Special Court under POCSO Act-cum-Additional Sessions Judge,
Jeypore in T.R. Case No.63 of 2020 and his release on bail
pending disposal of the appeal.
2. Learned counsel for the Appellant submits that Damani
Muduli-P.W.2, who is stated to be an eye-witness of Appellant
taking the victim towards the jungle immediately before the
occurrence could not be cross-examined as she died before that.
Hence the evidence of P.W.2 is not admissible.
3. The submission of the learned counsel for the Appellant
is a matter of consideration at the time of hearing of appeal.
4. Taking into consideration the evidence of P.Ws.1 and 6
and keeping in view the manner in which the victim has been
sexually assaulted, this Court is not inclined to release the
Petitioner on bail at this stage.
5. The I.A. is accordingly dismissed.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Designation: Junior Stenographer Judge
Reason: Authentication Santoshi/Ayesha
Location: High Court of Orissa, Cuttack
Date: 09-Jan-2025 14:34:44
