Kalpana Mahapatra@Jhun v. State of Orissa
Case brief
What is this about?
Orissa High Court (Cuttack), CRLREV No.290 of 2016, decided 11.02.2025 by Dr. Justice S.K. Panigrahi. Revisionists/Petitioners: Kalpana Mahapatra @ Jhun & Anr. (counsel: Pradipta Kumar Mohanty, Sr. Adv.); Opposite Party/respondent: The State of Orissa (counsel: Sonak Mishra, ASC). Subject: setting aside the order dated 28.03.2016 of the 3rd Additional Sessions Judge, Puri in S.T. Case No.4/71 of 2013 because the statement of Petitioner No.2, a physically challenged (deaf and dumb) accused, was recorded under Section 313 of the Cr.P.C. without an interpreter. Outcome: revision allowed/disposed of; fresh Section 313 recording ordered with interpreter assistance, to be completed within one or maximum two dates. Statute referenced: Section 313 of the Cr.P.C.; no case citations.
What did the court decide?
Setting aside of the order dated 28.03.2016 passed by the learned 3rd Additional Sessions Judge, Puri in S.T. Case No.4/71 of 2013, together with a direction to the learned court below to record the statement of the Petitioners under Section 313 of the Cr.P.C. afresh by allowing the Interpreter to assist Petitioner No.2, such recording to be completed within one or maximum two dates; the CRLREV was thereafter disposed of.