STATE OF ORISSA Vs. NETRAMANI DEI

JUDGEMENT

(1.) HEARD the parties and the Judgment is as follows:

(2.) ORDER of acquittal of the Respondent recorded by Learned Addl. Sessions Judge, Khurda in S.T. Case No. 19/6/147 of 1995 -94 is under challenge.

(3.) ADMITTEDLY , P.Ws. 1 and 2 are two child witnesses. Amongst them, P.W. 1 was examined as eye witness to the occurrence of throwing of the child by the Respondent to the tank and intimated that fact to the other child witness i.e. P.W. 2. In course of examining under Section 118 of the Evidence Act to test the capacity to depose and give rational evidence, Learned Addl. Sessions Judge entertained a doubt on her capacity to depose. However, he recorded depositions of that witness and ultimately in course of analysis of the same, he opined that P.W. 1 was not credible and reliable. P.Ws. 2 to 6 deposed that after the dead body was recovered by P.W. 3 from the 'Chua' accused was brought to the place where the dead body was kept and there she voluntarily confessed. In course of cross -examination of all these witnesses, it was brought on record that such witnesses are not consistent about the manner in which such extra judicial confession was obtained from the Respondent. Above all, P.W. 4, the school teacher, who on being put the question deposed in course of cross -examination that on seeing the dead body, the villagers were agitated and the accused Respondent was trembling out of fear and she was forced to make confession. Under such circumstance, notwithstanding the death of the deceased due to drowning, Learned Addl. Sessions Judge did not find sufficient evidence to connect the Respondent with the alleged crime and accordingly acquitted her.