Lakshman @ Laxman @ vs State Of Odisha ... Opposite Party
2025 Latest Caselaw 5472 Ori

Orissa High Court

Lakshman @ Laxman @ vs State Of Odisha ... Opposite Party on 27 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                        CRLREV No.119 of 2025

     Lakshman @ Laxman @                       ...                 Petitioner
     Lakhan Kumar Patnaik
                                               Mr.J.Katikia, Advocate
                               -versus-
     State of Odisha                           ...      Opposite Party
                                           Mr.R.B.Mishra, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                               ORDER(ORAL)

Order No.                       27.03.2025
   01.       1.        This    matter     is       taken    up     through     Hybrid

Arrangement (Virtual/Physical Mode).

2. This criminal revision by the petitioner is directed against the confirming judgment of original as well as Appellate Court with regard to conviction and sentence of the petitioner for commission of offence U/S. 409 of IPC.

3. Heard Mr.Janmejaya Katikia, learned counsel for the petitioner and Mr.R.B.Mishra, learned Addl. PP and perused the record. In the course of hearing, Mr.Janmejaya Katikia, learned counsel for the petitioner forcefully and emphatically submits that even for a moment accepting the entrustment to have been proved, but there is no further evidence to show that the accused has converted the property for its own use or misappropriated it.

4. After having considered the rival submission, since the legality and propriety of the judgment of

conviction and sentence are impugned in this revision, it appears that the learned trial Court in paragraph-10 of the impugned judgment has observed that when it is well proved that accused has received the stock under Way Bill No. 1349 dated 08.07.1999, then the burden upon him to establish that he has kept the same in the godown after due entry in the Stock Register. Criminal law never places burden on the accused to establish his innocence, rather it is the duty of the prosecution to establish the prosecution case against the accused beyond all reasonable doubt.

5. In view of the aforesaid fact and looking at the submission and prayer of the petitioner, this Court admits the criminal revision and the learned trial Court is requested to submit the soft copy of the record by next date.

6. List this matter on 3rd May, 2025. IA No. 171 of 2025 & IA No. 170 of 2025

7. These aforesaid IAs would be considered after receipt of the LCR. As an interim measure, no coercive action shall be taken against the petitioner in the meanwhile.

(G. Satapathy) Judge

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 28-Mar-2025 18:06:46 kishore