High CourtsSingle Bench(2005) 04 OHC CK 0043

Nilakantha Samantarai vs Brukodar Meher and Others

Orissa High Court · Decided on 15 April 2005 · Citation: (2005) 1 OLR 739

HON’BLE JUDGES
Sujit Barman Roy, C.J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 177 of 1986

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Judgment

3 paragraphs · 188 words

Sujit Barman Roy, C.J.—This appeal is directed against the judgment of acquittal passed by the trial Court in I.C.C. No. 12 of 1978. The respondents herein were prosecuted in the said complaint case on charges u/s 394/34, IPC and u/s 380/34, IPC. On conclusion of trial, learned trial Court acquitted the respondents. Being aggrieved by the judgment of acquittal passed by the trial Court, the informant Nilakantha Samantarai has filed this appeal against the judgment of acquittal.

2.

Since this appeal was filed in this Court, more than 19 years time has elapsed. The occurrence in question took place some time in March, 1978. In the meantime more than a quarter of century has elapsed. It would be too much to reverse the finding of acquittal after passage of so many years. I am, therefore, not inclined to interfere with the impugned judgment of acquittal since more than a quarter of century has elapsed when the alleged occurrence took place. This appeal is pending in this Court itself since 1986 and hence, it is kept pending for about 19 years.

3.

In the circumstances, this appeal is dismissed.