LAWS(ORI)-2023-12-69

KRUSHNA CHANDRA KANHAR Vs. STATE OF ODISHA

Decided On December 20, 2023
Krushna Chandra Kanhar 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 Boudh P.S. Case No. 08 of 2023 corresponding to C.T. Case No. 08 of 2023 pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Boudh registered for commission of offences punishable under Ss. 376(2)(n), 363 of the IPC and Sec. 6 of the POCSO Act.

(2.) The prayer for bail of the petitioner has been rejected vide order dtd. 18/8/2023 passed by the learned Additional Sessions Judge-cum-Special Judge, Boudh in Special Case No. 04 of 2023 (POCSO Act) where it has been stated that the star witnesses examined so far have fully corroborated the prosecution story. It has also been stated that even if any consent was obtained from the victim, it amounts to no consent.

(3.) By order dtd. 18/9/2023, this Court had called upon the learned counsel for the petitioner to place on record the statement of the victim and her parents who have deposed in the meanwhile. On 16/10/23, adjournment had been prayed for to comply with the order dtd. 18/9/2023. On 8/11/2023, none had appeared for the petitioner when the matter was called and the case has been posted to today to give another chance to the learned counsel for the petitioner to comply with the earlier orders.