STATE OF ORISSA Vs. JAGAT BHOTRA

JUDGEMENT

(1.) Heard Mr. Maharaj, learned ASC for the Appellant and Mr. Mishra, learned counsel for the Respondent.

(2.) This Appeal at the instance of the State is filed under Sec. 378(1)(b) of the Cr.P.C. assailing the judgment dtd. 6/9/1996 passed by the learned Assistant Sessions Judge- cum-Chief Judicial Magistrate, Nabarangpur in Sessions Case No.11 of 1996 acquitting the Opposite Party of the charges under Sec. 376 of IPC.

(3.) The principles governing the exercise of power in an appeal against acquittal is worth reiterating before adverting to the factual matrix of the case at hand. In Mrinal Das and Others vs. the State of Tripura, 2011 (9) SCC 479 reported in the apex Court have extensively dealt with the scope of an Appellate Court to interfere with an Appeal against acquittal and referred to the following judgments.