STATE OF ORISSA Vs. TURA @ KEDAR BABANGA

JUDGEMENT

(1.) This appeal at the instance of the State of Orissa is directed against the judgment of acquittal dated 11.10.1991 passed by the Asst. Sessions Judge, Champua in Sessions Trial Case No.50/12 of 1991 acquitting the respondents from the charges under Sections 376/450 I.P.C.

(2.) I have heard the learned Government Advocate appearing for the State - Appellant. Learned Government Advocate fairly submits that the prosecution relied upon the evidence of the prosecutrix only. There is no medical evidence or other evidence on record to lend corroboration to the evidence of the prosecutrix.

(3.) Since the judgment of acquittal was passed, about fifteen years' time has elapsed. After passage of a decade and half, since judgment of acquittal was passed, this appeal has come before me for hearing and final disposal. In view of the nature of the evidence on record which is not sufficient to warrant a conviction, I do not think it would be proper after passage of a decade and half since the appeal was filed to convert the judgment of acquittal into a conviction.