Mithun Singh vs State Of Odisha
2025 Latest Caselaw 4552 Ori

Orissa High Court

Mithun Singh vs State Of Odisha on 3 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.132 of 2024

     Mithun Singh                                   ...         Appellant
                                               Ms. S. Mishra, Advocate
                                 -versus-
     State of Odisha                          ...            Respondent
                                                  Mr. A.K. Apat, Addl. PP

                                CORAM:
                         JUSTICE G. SATAPATHY

                         ORDER(ORAL)

03.03.2025 Order No. CRLA No.132 of 2024 & I.A. No.331 of 2024

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Ms. Sasmita Mishra, learned counsel for the Appellant appearing virtually from Balasore submits before this Court that during trial on the date fixed for taking evidence, the examination of PWs. 2 to 8 was done without them being cross-examined, but later on when the State Defence Council filed a recall petition, only PWs.3 to 8 were allowed to be cross-examined, but the victim was not allowed to be cross-examined on the ground that the child(victim) shall not be called repeatedly to testify in the Court in terms of the provisions of POCSO Act and thereafter, the learned trial Court proceeded to convict the Appellant on the unchallenged testimony of the victim and, therefore, the impugned judgment is unsustainable in the eye of law.

3. Although this is the plea and submission as urged by the learned counsel for the Appellant, but the victim is yet to be informed in this case, however, she is required to be informed before taking up the hearing of this appeal in view of the Sub-rule 13 and 15 (viii) of Rule-4 of the Protection of Children from Sexual Offences Rules, 2020 (in short the "Rules").

4. For the purpose of information of victim-child in terms of the above Rules, let the copy of the appeal memo and Interlocutory Application received by the learned counsel for the State be sent to the victim by Mr. A.K. Apat, learned Addl. Public Prosecutor through concerned Police Station indicating therein the probable date of hearing. Accordingly, Mr. A.K. Apat, learned Additional Public Prosecutor is requested to ensure intimation to the victim by next date intimating her the probable date for hearing of this case.

5. Accordingly, list this matter on 25th March, 2025.

(G. Satapathy) Judge Jina

Location: High Court of Orissa Date: 04-Mar-2025 20:40:49