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2024 Supreme(Cal) 702

JAY SENGUPTA
Janak Ram – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner: Mr. Deep Chaim Kabir, Mr. S. Ajith Prasad.
For the Respondent: Ms. A.S. Zinu.

JUDGMENT :

Jay Sengupta, J.

1. This is a revisional application challenging a judgment and order dated 21.11.2023 passed by the learned Additional Session Judge, North and Middle Andaman at Mayabunder, Andaman and Nicobar Islands in Criminal Appeal No. 09 of 2023, thereby affirming the judgment and order dated 24.04.2023 passed by the learned Judicial Magistrate, First Class, North and Middle Andaman at Mayabunder in connection with GR Case No. 425 of 2015 convicting the petitioner of offences punishable under sections 354-A(1)(iv) and 509 of the Indian Penal Code and sentence him to suffer simple imprisonment for terms of three months and to pay of fine of rupees five hundred each under the two provisions, the substantive sentences having to run concurrently, along with a default clause.

2. The prosecution case is that on 21.10.2015 a police team comprising of the victim police constable and other police personnel were proceeding to Lall Tikrey for maintaining law and order in the eve of Durga Puja. When they reached near Webi junction, they received an information that one person was creating nuisance in the area. The police party reached the place, apprehended the miscreant and t

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