Team  SoOLEGAL

“Justice delayed is justice denied”, Orissa HC overturns a 34 year old judgment

Team SoOLEGAL 3 Sep 2020 4:16pm

“Justice delayed is justice denied”, Orissa HC overturns a 34 year old judgment

A 34 year old judgment was set aside by the Orissa HC on 1st September, 2020. The said order dated 21.07.1988 was passed by the Sessions Judge, Dhenkanal in case no. 53-D of 1986.

The reasoning given by the HC in setting aside the 34 year old judgment was, “It was not sustainable in the eye of law”.

In the said judgment, Nityananda Behera (Appellant No.1) was accused of murdering Raghaba Behera (deceased) and therefore was charged under Section-304 Part-II of IPC and was sentenced to rigorous punishment for a period of 3 years. Madhaba Behera (Appellant No.2) was accused of voluntarily causing hurt to Rohita Behera (P.W.2) and therefore was charged under Section-324 of the IPC and was sentenced to rigorous punishment for 6 months.

The setting aside orders was given by the HC due to the inconsistencies in the evidences given by the prosecution. The prosecution had contended that the Appellants 1 and 2 had exceeded their right of private defense by hitting the deceased on the head and causing injuries to P.W.2.

The HC in this case believed that the right of private defense was not exceeded and it further stated that the benefit of doubt must be given to the Appellants as their case looks more probable than the prosecution.

Henceforth, the HC has acquitted the Appellants, who were on bail, of all charges against them. While concluding the case, Justice S.K. Sahoo, who was hearing the matter said, “I am reminded of the oft-quoted legal maxim, 'Justice delayed is justice denied'. The right to speedy trial is a fundamental right. An appeal is a continuation of the trial. After fighting the legal battle for more than thirty-four years, the appellants have won the case”.



Tagged: Orissa HC   Nityananda Behera   Justice S.K. Sahoo  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.