State v. Ananda
Case brief
What is this about?
State of Orissa appealed against the acquittal of Ananda Chandra Das in a cheating case under Section 420 IPC. The High Court, upholding the Trial Court's view, found the prosecution evidence contradictory, lacking documentary support, and insufficient to prove dishonest intention, thereby dismissing the appeal.
What did the court decide?
The Government Appeal is dismissed; the impugned judgment of acquittal is upheld.
What the court decided
IN THE HIGH COURT OF ORISSA, CUTTACK
Government Appeal No. No. 86 of 1997
From the judgment and order dated 08.12.1995 passed by the learned Chief Judicial Magistrate, Cuttack in Vig. G.R. Case No.31 of 1989.
| State of Orissa | ……… Appellant |
|---|---|
| -Versus- | |
| Ananda Chandra Das | ……… Respondent |
| For Appellant: | - Mr. Sanjay Kumar Das Standing Counsel, Vigilance |
| For Respondent: ----- |
- Mr. Sanatan Jena S.P. Mohanty, L. Jena ---------------- |
P R E S E N T:-
THE HONOURABLE MR. JUSTICE S.K. SAHOO
------------------------------------------------------------------------Date of hearing- 07.06.2016 Date of Judgment- 09.08.2016 -------------------------------------------------------------------------
S. K. SAHOO, J . This is an appeal under section 378 (1) and (3) of the Code of Criminal Procedure preferred by the State of Orissa challenging the impugned judgment and order dated 08.12.1995 passed by the learned Chief Judicial Magistrate, Cuttack in Vig. G.R. Case No.31 of 1989 in acquitting the respondent Ananda Chandra Das of the charge under section 420 of the Indian Penal
Issues for consideration
3 issues framed by the court
Whether the prosecution has established the ingredient of dishonest intention under section 420 of the Indian Penal Code beyond reasonable doubt.
Whether discrepancies in witness evidence and lack of documentary proof justify the High Court in upholding the acquittal.
Whether the Trial Court was justified in rejecting the prosecution documents as suspicious and uncorroborated.
Parties & counsel
- appellant
State of Orissa
- respondent
Ananda Chandra Das
Coram
S. K. SAHOO
Case details
As recorded by the court registry
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