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2024 Supreme(Cal) 213

SHAMPA DUTT (PAUL)
Sujit Mondal – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kusal Kr. Mukherjee, Ms. Suchismita Dutta.
For the Respondent: Ms. Puspita Saha.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred against a Judgment and Order of conviction/sentence dated 11th April 2019 passed by the Judge, Bench-1, City Session Court, Calcutta in connection with Criminal Appeal No. 86 of 2014 which is arising out of Burrabazar Police Station Case No. 160 of 2013 dated 25.03.2013 under Section 354 of IPC which corresponds to G.R. No. 1004 of 2013 and thereby up held the order and judgment of the Learned Metropolitan Magistrate, 21st Court, Calcutta.

2. The petitioner’s case is that he was put on trial before the Learned Metropolitan Magistrate, 21st Court, Kolkata (hereinafter referred to as the Learned Magistrate), to answer the charge framed for the commission of offence punishable under Section 354 of the Indian Penal Code.

3. The prosecution case is as follows:-

i) That the victim a South Korean Lady, on 25th March, 2013, at about 6.30 hrs. when she got up into the bus, of route no. 12D from Thakurpukur, then a group of 15/20 persons also got up into the bus and one person of the said group outraged the modesty of the victim by touching her breast several times in spite of repeated warning. After that time victim got

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