This order dismissed the criminal appeal filed by the prosecution. The High Court reviewed the evidence and noted critical procedural flaws, specifically the failure to medically test the accused's potency. The court expressed agreement with the trial court's findings.
CRLLP No. 137 of 2016 is dismissed.
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. 137 of 2016
State of Orissa …. Petitioner
Ms. B.L. Tripathy, ASC
-versus-
Sanatan Behera
…. Opp. Party
Ms. J. Sarkar, Advocate on behalf of Mr. S.K. Jena, Advocate
CORAM:
THE HON’BLE MR. JUSTICE B.P. ROUTRAY THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 24.04.2025
there was no sign and symptom of forcible act of sexual intercourse. The prosecution suffers from such vital lacuna regarding failure on their part to test the potency of the Opposite Party regarding his capability for sexual act. This is a major flaw committed by the prosecution in establishing the charge of rape against present accused. It is further found that there are three accused persons allegedly committing rape during the same period of time on the victim besides other inmates present in the house where the rape was allegedly committed. Therefore, the benefit of doubt as extended in favour of the accused (present Opposite Party) cannot be viewed with any flaw and as such, we agree with the findings and conclusion deduced by the learned trial Court.
Judge
(Chittaranjan Dash)
Signature Not Verified Judge
Digitally Signed Signed by: BIJAY KETAN SAHOO AK Pradhan/Bijay Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 25-Apr-2025 17:51:11
Page 2 of 2
3 issues framed by the court
whether leave for appeal on behalf of the prosecution was maintainable given procedural lacunae in proving the accused's potency.
whether the benefit of doubt extends to the appellant opposite party due to failure to test the potency of the accused.
whether a prima facie case exists for the prosecution to grant leave for appeal.
1 provisions across 1 enactments
State of Orissa
B.P. Routray
Chittaranjan Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
