STATE OF ORISSA Vs. URMILA NAYAK

JUDGEMENT

(1.) This is an application under Sec. 378 (4) of the Code of Criminal Procedure, 1973, hereinafter referred as 'the Code', for brevity, for grant of leave to appeal against the acquittal rendered by the learned Addl. Sessions Judge, Balasore in S.T. Case No.143/369 of 2013-2009 arising out of C.T. Case No.822 of 2009 of the court of learned S.D.J.M., Balasore corresponding to Singla P.S. Case No.72/2009. The judgment was delivered on 26/11/2014.

(2.) The learned Addl. Standing Counsel for the State argued that the learned 2nd Addl. Sessions Judge committed error of record in not holding that the case of the prosecution has been proved beyond all reasonable doubts. The learned Addl. Standing Counsel also argued on the different aspects of appreciation of evidence by the learned Sessions Judge and submitted that this is a case where leave to appeal against acquittal should be granted.

(3.) On the other hand, Mr. Basanta Kumar Das, learned counsel, on behalf of respondents nos.1 and 2 submits that the considerations that guide the appellate court in an appeal against acquittal are not the same as the considerations that guide the judicial course in case of appeal against conviction. It is the submission of the learned counsel for the respondents that this case does not fit within the parameters that the Court should look into in a case of appeal against acquittal, hence he urges the Court to dismiss the leave application.