LAWS(ORI)-2023-10-17

MUNA JENA Vs. STATE OF ODISHA

Decided On October 11, 2023
Muna Jena Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This is an application under Sec. 439 of Cr.P.C. for grant of bail to the petitioner in connection with Korei P.S. Case No. 301 of 2021 corresponding to C.T. Special (POCSO) Case No. 17 of 2022 pending in the Court of the learned Addl. District and Sessions Judge -cum- Special Court under POCSO Act, Jajpur registered for commission of offences punishable under Ss. 363, 366, 376(2)(n), 376(3) of IPC read with Sec. 4(2), 6 of POCSO Act.

(2.) Mr. A. Pattanaik, learned counsel for the petitioner draws my attention to the deposition of the victim who has been examined as P.W.2 in the trial where she has stated in paragraph 17 of the cross-examination that she was above 18 when she eloped with the accused and that her mother has entered the wrong date of birth by reducing it during her school admission.

(3.) Issue notice to the opp. parties. Notice on behalf of the opp. party no.1 is accepted by Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State.