before the prosecution evidence was completed, the trial court closed the evidence on September 23, 2025, proceeded to record the accused’s statement and later acquitted him. (Representative image)
Bhubaneswar

Nigerian national’s acquittal set aside in Cuttack, fresh trial ordered

The sessions judge observed that the trial court committed a grave illegality by closing the prosecution evidence without providing adequate opportunity to examine material witnesses.

Express News Service

CUTTACK: A sessions court in Cuttack has set aside the acquittal of a Nigerian national accused of duping a Cuttack woman of Rs 28.67 lakh in an online fraud case, and ordered a fresh hearing after finding serious procedural lapses in the trial.

Second Additional Sessions Judge Priyaranjan Mishra quashed the acquittal while considering separate appeals filed by complainant Solanshree Mohanty and the state government against the January 29, 2026 order passed by the Judicial Magistrate First Class (JMFC), Cuttack.

The accused, 37-year-old Orajaka Patrick Chizoram, was arrested by the State CID-Crime Branch from New Delhi on December 15, 2022. He was accused of allegedly cheating Solanshree of Cuttack by posing online as a gynaecologist based in the Netherlands and inducing her to transfer Rs 28.67 lakh. He has remained in custody since his arrest and is presently detained at the State Holding Centre in Athagarh.

While examining the trial court records, the sessions court noted that the prosecution had sought time to examine key witnesses, including two seizure witnesses, the scientific officer and the investigating officer. Their testimonies were considered crucial for proving the prosecution’s case.

However, before the prosecution evidence was completed, the trial court closed the evidence on September 23, 2025, proceeded to record the accused’s statement and later acquitted him.

The sessions judge observed that the trial court committed a grave illegality by closing the prosecution evidence without providing adequate opportunity to examine material witnesses. The court said the absence of testimony from the investigating officer affected proof of the investigation and deprived the prosecution of an opportunity to establish contradictions and omissions in evidence.

Holding that criminal trials should not suffer due to denial of reasonable opportunity to present material evidence, the court said the acquittal order suffered from procedural irregularities that undermined fair adjudication.

The court aside the acquittal and remitted the matter to the JMFC court for a fresh trial. It directed the prosecution to promptly produce the remaining witnesses without seeking unnecessary adjournments and asked the trial court to dispose of the case expeditiously. The status of the accused will remain unchanged pending the fresh proceedings.

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