STATE OF ORISSA Vs. KRUSHNA @ UTKAL KESHARI SAHU

JUDGEMENT

(1.) THIS appeal by the State under Section 378(1) of the Code of Criminal Procedure is for setting aside the order of acquittal of the Respondent recorded by the learned Asst. Sessions Judge, Talcher in S.T. No. 42 -D of 1986.

(2.) THE facts and circumstances leading to the present appeal are as follows:

(3.) MR . G. Mishra, learned Counsel appearing for the Respondent, on the other hand, submitted that there was hostile feeling between P.W. 13 and the Respondent and P.W.13 being the controlling officer was always harassing the Respondent and in order to see that the Respondent is removed from service, he created a false case with the help of some of the office staff. He submitted that in such background when the eyewitnesses and the circumstantial witnesses turned hostile and did not support the prosecution case, there was hardly any scope for the trial court to rely on the un -corroborated version of P.W.13 and record an order of conviction. In substance, Mr. Mishra supported the judgment of the trial court.