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Ghansyam Behera vs State of Orissa

Orissa High Court · Decided on 12 July 2007 · Citation: (2007) CLT 1001 (Suppl Crl)

HON’BLE JUDGES
Pradip Mohanty, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 376, 506
RESULT
Dismissed
CASE NUMBER
Criminal Rev. No. 1073 of 2006
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Judgment

6 paragraphs · 208 words

Pradip Mohanty, J.—Heard Mr. Tripathy on behalf of Mr. Dhal, Learned Counsel for the Petitioner, Mr. Sahoo for the informant and Mr. Pattanaik, Learned A.S.C.

2.

The Petitioner, in this revision, has prayed for setting aside the Order dated 15.11.2006 passed in S.T. Case No. 44/46 of 2006 whereby the Learned Asst. Sessions Judge, Kendrapara has framed charge against the Petitioner u/s 376/506 Indian Penal Code.

3.

Counsel for the Petitioner submits at the time of alleged incident Petitioner was aged about 79 years. He is having partial impotence. His penile erection cannot be sustained for more than few seconds. The Petitioner is not capable of sexual intercourse. Therefore, the Petitioner may be discharged from the above offence. To this, Learned Counsel for the informant submits that the truthfulness of the aforesaid aspects shall be considered at the time of trial. The Petitioner cannot take benefit of the same now.

4.

Considering the facts of the case and the submissions made by the parties, this Court is not inclined to interfere with the impugned order. However, this Court directs the Trial Court to conclude the trial of the aforesaid case as expeditiously as possible, preferably by the end of March, 2008.

The revision is accordingly dismissed.

Revision dismissed