Orissa High Court Upholds Acquittal in 2003 Minor’s Rape and Murder Case, Says Police Dog Cannot Testify

The Orissa High Court upheld the acquittal of two individuals accused of raping and murdering a minor girl in 2003.

The prosecution relied on circumstantial evidence, including the ‘last seen’ theory, sniffer dog tracking, and the accused’s suspicious behavior.

However, the court found the ‘last seen’ testimony unreliable and ruled that sniffer dog evidence could not be considered without proper corroboration, as a dog cannot testify. It also noted that the accused’s behavior was due to intoxication, not guilt.

Concluding that the prosecution failed to prove the charges beyond a reasonable doubt, the court dismissed the appeal and upheld the trial court’s acquittal.