Sadhu v. State
Case brief
What is this about?
Cuttack Bench allowed the appeal, holding that child witnesses lacked credibility due to inconsistencies and absence of corroboration. The court found no proof of motive for murder, leading to acquittal. This decision rests on the failure to prove the case beyond reasonable doubt.
What did the court decide?
Set aside conviction and sentence. Appellant acquitted of offence under Section 302 IPC and set at liberty from jail forthwith.
What the court decided
ORISSA HIGH COURT: CUTTACK CRA NO. 236 OF 1999
(From the judgment and order dated 31.08.1999 passed by Sri A.Ch.Pattnaik, 2nd Additional Sessions Judge, Berhampur (Ganjam) in S.C. No. 22 of 1998/S.C. 153 of 1998-GDC)
Sadhu Pradhan ……… Appellant -Vs- State of Orissa ……… Respondent
For Appellant : M/s. S.Das,L.Samantaray,A.K.Nayak, B.N.Udgata, D.Dhar, D.R.Bhokta, A.Mohanty, B.K.Sinha, H.S.Satpathy & B.Pattnaik. For Respondent : Mr.J.Katikia, Addl. Govt. Advocate.
P R E S E N T:
THE HONOURABLE MR. JUSTICE S.K.MISHRA AND
THE HONOURABLE DR. JUSTICE A.K.MISHRA
Date of Hearing: 31.07.2019 : Date of Judgment: 19.08.2019
Issues for consideration
3 issues framed by the court
Whether the conviction under Section 302 IPC is sustainable given the unreliability and inconsistency of child witnesses.
Whether the prosecution successfully established the motive for the murder in the absence of corroborated evidence of theft.
Whether the Trial Court erred in appreciating the evidence and convicting the accused.
Parties & counsel
- appellant
Sadhu Pradhan
- respondent
State of Orissa
Coram
S.K.Mishra
Case details
As recorded by the court registry
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