Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLLP No.131 of 2006 State of Orissa ..... Petitioner Represented by Adv. – Mr. C.M. Singh, ASC -versus- Samira Bisoi ..... Opposite Party Represented by Adv. - M/s. S.C. Acharya CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.12.2025 Order No. 19. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the State-Petitioner as well as learned counsel for the Opposite Party-accused. Perused the application as well as the prayer made therein. 3. By filing the present application under Section 378(1) and (3) of the Code of Criminal Procedure, the State-Petitioner seeks leave to prefer an appeal against the judgment of acquittal dated 26.05.2006 passed by the learned Sessions Judge, Phulbani in S.T. Case No.120 of 2005 thereby acquitting the Opposite Party-sole accused of the charges level against him under Section 376 of the IPC. 4. Learned counsel for the State at the outset contended that the victim in this case is a minor girl aged about 14 years and she has been made to suffer rape at the instance of the sole-Opposite Party. Page 2 of 3. Learned counsel for the State further taking this Court through the evidence collected during trial stated before this Court that the victim has categorically stated about the incident and that on the basis of such statement of the prosecutrix a case is well made out against the present Petitioner. He further submitted that on the basis of the evidence collected the learned trial Court has committed an error by wrongly interpreting the evidence of the Medical Officer who was examined as P.W.5. It was further contended that the Medical Officer has stated that the victim was examined nine days after the occurrence. However, the doctor found that the hymen of the victim was ruptured and there were old tears present on her private part. Thus, it cannot be ruled out at this stage that the medical evidence does not support the case of the prosecution and the version of the prosecutrix. 5. This Court, on a careful analysis of the impugned judgment observed that the learned trial court has definitely committed an illegality by rejecting the medical evidence on the ground that their exists a possibility that the victim might be having sexual relationship which somebody or the hymen ruptured due to some other reasons like cycling etc. Moreover, excessive reliance has also been placed on the two finger test despite the adoption of such two finger test being severely deprecated by the Hon’ble Supreme Court in recent judgments. Therefore, upon consideration and analysis of the impugned judgment, this Court is of the view that the State is justified in filing the application seeking leave to prefer an appeal against the judgment of acquittal and that this Court is satisfied with regard to grounds taken in the leave application. Page 3 of 3. 6. Accordingly, the leave petition is allowed. Office is directed to convert the same to a Government Appeal and, accordingly, the same be registered and be placed before the appropriate assigned Bench for admission. ( Aditya Kumar Mohapatra) Judge Sisir Designation: Personal Assistant