Lala Rana v. State
Case brief
What is this about?
The High Court acquitted the appellant of rape charges, setting aside the lower court's conviction. The court found the prosecutrix's testimony unreliable due to inconsistencies, delay in FIR lodging, and lack of medical evidence supporting recent sexual intercourse.
What did the court decide?
The judgment of conviction and sentence is set aside; the accused is acquitted and directed to be set at liberty forthwith.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
C.R.A. No.313 of 1992
(In the matter of an application under Section 378(4) of the Criminal Procedure Code.)
Lala Rana …. Appellant
-versus-
….
State of Odisha Respondent
Appeared in this case:-
For Appellant : Mr. D. Panda, Advocate
(Amicus Curiae)
For Respondent : Mr. S. Pattanaik,
Learned Additional Government
Advocate
Appeared in this case:-
CORAM:
JUSTICE A.C. BEHERA
JUDGMENT
Date of hearing : 21.09.2023 / date of judgment :19.10.2023
A.C. Behera, J. The appellant by preferring this appeal has called in question, the judgment of conviction and order of sentence dated 5th of September, 1992 passed against him (appellant) by the learned Additional Sessions Judge, Balangir in Sessions Case No.48/19 of 1992 arising out of G.R. Case No.243 of 1991 corresponding to Kantabanji P.S. Case No.120 of 1991 in the file of learned Judicial Magistrate First Class, Kantabanji.
// 2 //
The appellant has been convicted for commission of offence under Sections 376(1) of the Indian Penal Code (in short “the I.P.C.”) and has been sentenced to undergo R.I. for seven years for that offence under Section 376(1) of the I.P.C., 1860.
Prosecution case
Issues for consideration
1 issue framed by the court
Whether conviction can be sustained on the solitary testimony of the prosecutrix given inconsistencies in the evidence.
Parties & counsel
- appellant
Lala Rana
- respondent
State of Odisha
Coram
A. C. Behera
Case details
As recorded by the court registry
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