APANA JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of the Cr.P.C. has been filed in connection with Puri Sadar P.S. Case No. 151 of 2023 corresponding to G.R. Case No. 327 of 2023 pending in the Court of the learned Gramya Nyayalaya Nyayadhikari, Puri under Ss. 450, 294, 376, 354(A), 506 of IPC.

(2.) The prosecution allegations in brief against the petitioner are that when the victim lady aged about 62 years was sleeping in her house, the petitioner entered the house and outraged her modesty and committed rape on her.

(3.) Mr. S.N. Mishra, learned counsel for the petitioner submits that the petitioner is an old man aged about 75 years and is suffering from Polio and false allegations have been made against him on account of a previous dispute.