PRASANA KUMAR SWAIN Vs. THE STATE AND ANR.

JUDGEMENT

(1.) LEARNED Counsel appearing for opposite party No. 2 states that in S.T. No. 27/160 of 1993 Sessions Trial is still pending in the Court of Assistant Sessions Judge, Bhubaneswar, awaiting apprehension of the accused at the stage of examination of the accused under Section 313, Code of Criminal Procedure

(2.) HEARD further arguments.

(3.) LEARNED Counsel for the Petitioner submits that in view of the provision in Section 73 of the Evidence Act and the ratio in the cases of State (Delhi Administration v. Pali Ram : AIR 1979 SC 14 and Sashi Bhusan Pati and Anr. v. State Bank of India and Anr. Vol. : 60 (1985) CLT 591, order of the trial Court is non -sustainable in the eye of law and accordingly the same be set aside and the trial Court be directed to obtain the specimen hand writing of the victim girl (P.W. 1) and prayer of the Petitioners for comparison of the handwriting be allowed.