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2022 Supreme(Gau) 847

SUSMITA PHUKAN KHOUND
Mainul Islam, S/o. Late Hazi Mohammed Majaid Ali – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Sarma.
For the Respondent: Mr. H. Das.

JUDGMENT :

1. Heard Mr. K. Sarma, learned counsel for the petitioner as well as Mr. H. Das, learned counsel appearing for the respondents.

2. This revision petition is filed under Section 397/401, read with Section 482 of the code of Criminal Procedure, 1973 (Cr.P.C. for short). Revision is preferred against the judgment and order dated 24.10.2021 passed by learned Judicial Magistrate, 1st Class, Goalpara in connection with G.R. Case No. 1253/2008, arising out of Goalpara Police Station Case No. 325/2008.

3. The judgment and order is impugned, on the grounds that the trial Court has erred by acquitting Sofior Rahman Talukdar and Mukaddes Ali (hereinafter referred to the respondent nos. 2 and 3 respectively). It is averred that the trial Court has erroneously held that charge under Section 448 of the Indian Penal Code (IPC for short) was not proved. The trial Court has failed to appreciate the evidence on record in its proper perspective, keeping in view the provisions of Sections 441/442 of the IPC. The trial Court ignored the clinching and corroborating evidence of the prosecution witnesses clearly implicating that the respondents had entered into the complainant’s office room within

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