High Court of Orissa disposed of a petition seeking leave to appeal against the ordinance court judgment in a criminal case. The court held the point was not fit to grant leave, finding existing materials were already considered and no fault could be found in the trial court's observations regarding evidence.
Petition disposed of; leave to appeal not granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLLP No. 21 of 2008
State of Odisha
Petitioner
Mr. Debasish Nayak, Addl. Govt. Advocate
-versus-
Gopi Hembram & others
…. Opp. Parties
None
CORAM:
JUSTICE M.S. SAHOO
Order No.
ORDER
16.11.2023 Hybrid Mode
// 2 //
during process of examination admitted that he has neither submitted any departmental experience certificate nor he has specifically trained on this line. Such deposition by the P.W.1 as an expert opinion resulting in learned trial court rejecting his opinion as an expert.
The further fact that can be noticed that the learned trial court has given a finding that the prosecution did not examine the officer who had seized the alleged railway material from the possession of any of the accused. Regarding the rest of the evidence i.e. confessional statement of the accused persons, a finding has been returned that the officer who has recorded the confessional statement has not been examined.
(M.S. Sahoo) Judge
Signature Not Verified
Digitally Signed Signed by: RADHARANI JENA Designation: Personal Assistant Reason: Authentication Location: ohc Date: 24-Nov-2023 15:59:40
Page 2 of 2
2 issues framed by the court
Whether leave to appeal under the Criminal Laws Application Act should be granted given that evidence and materials cannot be further improved and findings cannot be faulted based on record.
Whether the trial court's observation regarding prosecution evidence justifies granting Special Leave to Appeal.
State of Odisha
Gopi Hembram & others
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
