Orissa High Court Upholds Life Sentences Of Murder Convicts Basing Upon Testimony Of 'Child Witness'
2 years, 4 months ago

Orissa High Court Upholds Life Sentences Of Murder Convicts Basing Upon Testimony Of 'Child Witness'

Live Law  

The Orissa High Court has upheld the life imprisonment of two murder convicts while placing reliance upon the testimony of a child witness. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash observed, "In the present case, the Court is satisfied that the evidence of PW-14, the child witness, is clear and cogent without any contradictions and has been fully corroborated by the medical evidence. To clarify the position of law regarding admissibility and reliability of testimony given by child witness, the Court relied on Alagupandi @ Alagupandian v. State of Tamil Nadu, wherein it was observed, "There is no Rule or practice that in every case the evidence of such a witness be corroborated by other evidence before a conviction can be allowed to stand but as a Rule of prudence the court always finds it desirable to seek corroboration to such evidence from other reliable evidence placed on record. Further, while discarding the submission regarding failure of recovery witness to support the case of the prosecution, the Court held that in the present case, with there being unimpeachable direct evidence of the crime in the form of the evidence of the child witness, the failure of PWs 6 and 10 to support the recovery of the weapon of offence loses significance.

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History of this topic

Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court
1 month, 3 weeks ago

Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court

Live Law  

The Orissa High Court on Thursday held that a wife not reporting the police about missing status of husband, not trying to trace him out and living passively with another man will not amount to criminal conspiracy. While acquitting the appellant-wife of the charge of criminal conspiracy, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed …

Wife Asking Hungry Husband To Wait For Preparation Of Food Not 'Grave & Sudden Provocation': Orissa High Court Upholds Murder Conviction
Trending News
1 month, 4 weeks ago

Wife Asking Hungry Husband To Wait For Preparation Of Food Not 'Grave & Sudden Provocation': Orissa High Court Upholds Murder Conviction

Live Law  

The Orissa High Court has recently held that a wife asking her husband to wait for some time to have food, as preparation of food was underway, is not grave and sudden provocation which would lead him to cause injuries to her and take away her life. A housewife cannot be said to have caused grave and sudden provocation to …

'Violated Sacred Trust & Duty': Odisha Court Sentences Man To Death For Stabbing Wife 33 Times, Slitting 6-Yr-Old Daughter's Throat
5 months ago

'Violated Sacred Trust & Duty': Odisha Court Sentences Man To Death For Stabbing Wife 33 Times, Slitting 6-Yr-Old Daughter's Throat

Live Law  

A Sessions Court in Odisha's Khurda district has sentenced a man to the extreme penalty of death for committing murder of his wife by stabbing 33 times and causing grievous hurt to his six-year-old daughter by slitting her throat. As she would have endured this savage attack, the deceased would have been overwhelmed by a flood of emotions: the shock …

Odisha: Court sentences 14 murder accused to life imprisonment after 15 years
5 months, 1 week ago

Odisha: Court sentences 14 murder accused to life imprisonment after 15 years

India TV News  

An Odisha court on Thursday convicted 14 people in a 15-year-old murder case, granting life imprisonment to them. However, two of them had already died and hence Additional District Judge Pradeep Kumar Samal sentenced life imprisonment to 14 convicts. Accused attacked deceased while he was asleep Speaking over the sentence, public prosecutor Brundaban Nayak said while two accused persons have …

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother
5 months, 2 weeks ago

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother

Live Law  

The Orissa High Court has upheld the conviction and life imprisonment of man who was found guilty for commission of murder of his mother and 18-days-old infant brother. Rejecting the plea of insanity advanced by the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed – “Key pieces of evidence, including the consistent testimonies of …

S.391 CrPC | Additional Evidence Of Witness Can Be Recorded At Stage Of Death Reference If Needed For Arriving At Just Conclusion: Orissa High Court
7 months, 4 weeks ago

S.391 CrPC | Additional Evidence Of Witness Can Be Recorded At Stage Of Death Reference If Needed For Arriving At Just Conclusion: Orissa High Court

Live Law  

The Orissa High Court has recently allowed a petition filed on behalf of nine persons, convicted and sentenced to death by trial Court for murder of three family members on the suspicion of witchcraft, for recording of additional evidence of a prosecution witness at the stage of hearing of death reference by the High Court. The Court placed reliance on …

“Every Sinner Has A Future”: Orissa High Court Commutes Death Sentence Of Man Convicted By Trial Court For Rape & Murder Of 6-Yr-Old Girl
8 months ago

“Every Sinner Has A Future”: Orissa High Court Commutes Death Sentence Of Man Convicted By Trial Court For Rape & Murder Of 6-Yr-Old Girl

Live Law  

The Orissa High Court, on Monday, commuted the capital punishment awarded to a man who was convicted by the trial court for committing rape and murder of a 6-year-old girl in 2018. However, the Court rejected such contention observing that: “The appellant was a co-villager and he was a family man having wife and children and there was nothing on …

Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases
8 months, 1 week ago

Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases

Live Law  

The Orissa High Court has taken suo motu cognizance of need for background analysis of the convicts, so as to ascertain mitigating circumstances in their favour, before imposing the extreme sentence of death. Emphasizing the importance of providing real and effective hearing on the question of sentence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik …

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence
8 months, 3 weeks ago

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence

Live Law  

The Karnataka High Court has set aside the murder conviction and life sentence imposed on three accused of setting ablaze a woman. Citing prosecution's failure to establish its case beyond reasonable doubt, a Division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah remarked, “It appears that the trial court has morally convicted the accused in the absence of …

Judicial officers should not identify rape victims during trial: Orissa High Court
9 months ago

Judicial officers should not identify rape victims during trial: Orissa High Court

New Indian Express  

CUTTACK: Expressing serious displeasure over disclosure of identity of a minor rape victim in the deposition sheet at a trial court, a single judge bench of the Orissa High Court has directed the Registry, with the permission of Chief Justice, to circulate his judgment specifying the norms among the subordinate judiciary while dealing with such cases. The single judge bench …

Odisha: Watertight probe ended in conviction, says court
11 months ago

Odisha: Watertight probe ended in conviction, says court

New Indian Express  

BHUBANESWAR: The Nayagarh additional district and sessions judge-cum-children’s court which handed 20 years rigourous imprisonment to the sole accused in the sensational minor girl rape and murder case has observed that the special investigation team’s watertight investigation ended in conviction of the child in conflict with law. The teen accused was tried as an adult and sentenced to 20 years …

Orissa High Court Weekly Round-Up: January 08 To January 14, 2024
11 months, 3 weeks ago

Orissa High Court Weekly Round-Up: January 08 To January 14, 2024

Live Law  

Nominal Index Rasa @ Rasananda Bhoi v. State of Odisha & Ors., 2024 LiveLaw 1 HB v. MJ, 2024 LiveLaw 2 Jharu Naik & Anr. v. State of Odisha, 2024 LiveLaw 3 Judgments/Order Reported This Week: Doctors Should Write In Capital Letters Or Legible Handwriting: Orissa High Court Case Title: Rasa @ Rasananda Bhoi v. State of Odisha & Ors. …

Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court
11 months, 3 weeks ago

Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court

Live Law  

The Orissa High Court has clarified that merely because an accused person absconded, he cannot be held guilty of the alleged crime and in cases of grave crimes like murder, the solitary conduct of the accused in absconding may not be given undue weightage ignoring other factors. So far as the 'last seen theory' is concerned, the Court observed that …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

‘Orissa Association For The Blind’ Not State Under Article 12: High Court
1 year, 3 months ago

‘Orissa Association For The Blind’ Not State Under Article 12: High Court

Live Law  

The Orissa High Court has held that the ‘Orissa Association for the Blind’ does not come under the definition of ‘State’ as provided under Article 12 of the Constitution and thus, it is not amenable to the writ jurisdiction of the Court. While rejecting a writ petition filed by an employee against the organisation, the Single Judge Bench of Justice …

“Legal System Completely Failed Him”: Orissa High Court Orders ₹10 Lakh Compensation To Wife Of Tribal Man Killed In Police Custody
1 year, 9 months ago

“Legal System Completely Failed Him”: Orissa High Court Orders ₹10 Lakh Compensation To Wife Of Tribal Man Killed In Police Custody

Live Law  

The Orissa High Court has ordered the Central Reserve Police Force and the Odisha Police to pay an amount of rupees ten lakhs as compensation to the wife of a tribal man who was killed in their custody in 2010. The mandatory fundamental rights available to an arrested person as spelt out in in Article 22 and of the Constitution …

Important Decisions Of Orissa High Court In 2022
2 years ago

Important Decisions Of Orissa High Court In 2022

Live Law  

The year 2022 has come to an end. Right Of Accused To Recall Witness U/S 311 CrPC Can't Always Be Denied In Lieu Of Prosecutrix's Right U/S 33 POCSO Act: Orissa High Court Case Title: Pidika Sambaru v. State of Odisha & Anr. "Transgender Has Every Right To Choose Gender": Orissa High Court Orders Family Pension To Transwoman Case Title: …

Orissa High Court Annual Digest 2022 [Citations 1-165]
2 years ago

Orissa High Court Annual Digest 2022 [Citations 1-165]

Live Law  

Index of Citations The Orissa High Court has reiterated that even after an ex parte decree is set aside under Order IX Rule 13 of the CPC, defendant neither can be relegated to the original position nor can be allowed to file written statement. NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To …

Testimonies Of Related/Interested Witnesses Have To Be Scrutinized With Greater Care And Circumspection : Supreme Court
2 years, 2 months ago

Testimonies Of Related/Interested Witnesses Have To Be Scrutinized With Greater Care And Circumspection : Supreme Court

Live Law  

When the witnesses are related/interested, their testimonies have to be scrutinized with greater care and circumspection, the Supreme Court observed while acquitting accused in a murder case.Jabbar Ali and others were convicted by the Trial Court under Section 302 IPC and the Gauhati High Court had dismissed their appeals.Before the Apex Court, the appellants mainly contended that the. When the …

Orissa High Court Weekly Round Up: 19 September To 25 September, 2022
2 years, 3 months ago

Orissa High Court Weekly Round Up: 19 September To 25 September, 2022

Live Law  

Nominal Index: Tukuna @ Tankadhar Swain v. State of Odisha, 2022 LiveLaw 140 Mama @ Bidyut Prava Khuntia v. State of Orissa, 2022 LiveLaw 141 Gagan Bihari Patra & Ors. KMC Construction Ltd. and Anr., 2022 LiveLaw 143 Cases Reported in the Week: Orissa High Court Upholds Life Sentence Of Man Convicted For Murder Of '8 Yrs Old Child' Basing …

Orissa High Court Half-Yearly Digest: January-June 2022 [Citations 1-107]
2 years, 4 months ago

Orissa High Court Half-Yearly Digest: January-June 2022 [Citations 1-107]

Live Law  

Nominal Index : 1. TPCL Is 'Authority' Under Article 226; Electricity Distribution Companies Discharging Public Duty Amenable To Writ Jurisdiction: Orissa High Court Case Title: Surendra Kumar Sahoo v. State of Odisha Citation: 2022 LiveLaw 5 The Court held that the Tata Power Company Limited is an "authority" within the meaning of Article 226 of the Constitution of India. Case …

Orissa High Court Upholds Life Term Of Man Accused Of Killing Cousin-Brother After State Govt Remitted His Sentence
2 years, 7 months ago

Orissa High Court Upholds Life Term Of Man Accused Of Killing Cousin-Brother After State Govt Remitted His Sentence

Live Law  

The Orissa High Court has confirmed the conviction and the ensuing life term imposed on a man for committing murder of his cousin-brother. While dismissing the appeal filed by the accused against his conviction, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik found no reason to interfere with the reasoned order of the Trial …

"No Reason For Close Relatives To Falsely Accuse": Orissa High Court Upholds Life Sentence Awarded To Man For Murder Of Cousin Brother
2 years, 7 months ago

"No Reason For Close Relatives To Falsely Accuse": Orissa High Court Upholds Life Sentence Awarded To Man For Murder Of Cousin Brother

Live Law  

The Orissa High Court has upheld the conviction of a person, who was sentenced to life for committing murder of his cousin-brother. While dismissing the appeal, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik observed, "This is not a case of mistaken identity since all the witnesses are close relations of both the accused …

NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court
2 years, 10 months ago

NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court

Live Law  

The Orissa High Court has reiterated that it is mandatory to issue notice and provide fair hearing to accused before extending time beyond statutory period to file chargesheet in cases relating to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. While rejecting arguments of the State, a Single Judge Bench of Justice Sashikanta Mishra observed, "…it is evident …

Orissa High Court Issues Notice On A Decade Old Plea Seeking Compensation For Incarceration In Allegedly False Sedition Case
3 years, 5 months ago

Orissa High Court Issues Notice On A Decade Old Plea Seeking Compensation For Incarceration In Allegedly False Sedition Case

Live Law  

The Orissa High Court has ordered fresh issuance of notices to the Respondents in a decade-old matter for compensation to a lawyer-activist, allegedly incarcerated on the false charge of sedition.A division of Bench of Chief Justice Muralidhar and Justice BP Routray rejuvenated the matter by ordering fresh notices, upon observing that the case was only listed twice in the last …

[Rape And Murder of Minor] Orissa HC Sets Aside Conviction For Rape, Commutes Death Penalty To Life Imprisonment
4 years, 2 months ago

[Rape And Murder of Minor] Orissa HC Sets Aside Conviction For Rape, Commutes Death Penalty To Life Imprisonment

Live Law  

The Orissa High Court last week commutted the death sentence of a 28-year-old man to life imprisonment while upholding his conviction for murder of a 9-year-old girl, but acquitting him of charges of raping her. "The oral evidence of witnesses who saw the dead body and found blood stain on the private part of the deceased without corroboration from any …

Witch Hunting Still Very Active In This Century Though Scientific Temper Reached Its Pinnacle : Orissa HC Calls For Uniform Law [Read Order]
4 years, 4 months ago

Witch Hunting Still Very Active In This Century Though Scientific Temper Reached Its Pinnacle : Orissa HC Calls For Uniform Law [Read Order]

Live Law  

Taking note of the prevalence of the inhuman and barbaric practice of witch-hunting in the State of Orissa, the Orissa High Court has recently observed that witch craft, that has been in practice across culture, religion and territory "bares the terrible face of the so-called civilized society of human being and that the uneducated and economically weaker sections end up …

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