JUDGMENT :

1. Heard Mr. M. Pertin, learned senior counsel appearing on behalf of the petitioner and also heard Ms. L. Hage, learned Additional Public Prosecutor representing the State of Arunachal Pradesh.

2. This is an application, under Section 397 read with Sections 401 and 482 Cr.P.C., against the judgment and order dated 29.11.2017, passed in Criminal Appeal No. 04/2015 (YPA) (Shri Bake Kepo Vs State of A.P) by Hon’ble District & Sessions Judge, Western Sessions Division, Yupia, Papumpare District, Arunachal Pradesh, whereby, the learned Sessions Judge had upheld the order and judgment dated 01.06.2015 passed in G.R. Case No. 897/2014 by the learned Chief Judicial Magistrate, Yupia in connection with Naharlagun P.S. Case No. 2014/14, under Section 387 IPC whereby, the present accused/convict was convicted and sentenced to undergo rigorous imprisonment for 5 years along with a fine of Rs. 10,000/- and in default to undergo simple imprisonment for 2 months.

3. The brief facts leading to this revision petition is that on 03.11.2014, a written F.I.R. was received from one Pawan Kumar Jain to the effect that an extortion note demanding a sum of Rs. 10, 00000/- (Ten Lakhs) within two days claiming themselves to be member of National Liberation Council of Taniland (hereinafter referred as NLCT) signed by its president. On receipt of the F.I.R., the Officer-Incharge Naharlagun P.S. registered a case vide NLG P.S. Case No. 204/14, under Section 387 IPC. The accused/convict was accordingly arrested in connection with this case on 08.12.2014 and after completion of the investigation, Charge-sheet was filed on 10.01.2015.

4. The prosecution examined as many as 7 witnesses including the informant and the I/O have also exhibited some documents in respect of their case. The accused/convict has taken total denial at the time of his examination under Section 387 IPC. However, he did not adduce any evidence in support of his case.

5. After completion of the trial and after hearing final argument, the learned Chief Judicial Magistrate, Yupia passed the judgment and order dated 01.06.2015, convicting the accused/convict under Section 387 IPC and sentenced to undergo rigorous imprisonment for 5 years along with a fine of Rs. 10, 000/- and in default to undergo simple imprisonment for 2 months.

6. On being highly aggrieved and dissatisfied with the impugned judgment and order dated 01.06.2015 passed by the learned Chief Judicial Magistrate, Yupia, an appeal has been preferred before the Hon’ble District & Sessions Judge, Western Sessions Division, Yupia, which is registered as Criminal Appeal No. 04/2015.

7. After hearing the parties, the learned District & Sessions Judge has upheld the judgment and order passed by the learned Chief Judicial Magistrate vide order dated 29.11.2017.

8. On being aggrieved by the impugned judgment and order dated 29.11.2017, passed by the Hon’ble District & Sessions Judge, Western Sessions Division, Yupia, this present revision petition is preferred by the petitioner on the following grounds:-

(I) that the learned District & Sessions Judge, Yupia failed to appreciate the evidence of the PWs and also misread and misinterpreted the ingredients of Section 387 IPC. From the deposition of the PWs including the complainant, no fear of death or grievous hurt is remotely made out. Hence, in such circumstances, conviction under Section 387 IPC is not at all applicable rather a conviction under Section 385 IPC only could have been drawn against the accused/convict.

(II) the learned District and Sessions Judge, Yupia as well as the learned Chief Judicial Magistrate, Yupia failed to appreciate the fact that there is no prima facie evidence that payment was made on threat of injury and further, there is no evidence of any overt act on the part of the accused/convict except the delivery of the demand note.

(III) the learned District and Sessions Judge, Yupia as well as the learned Chief Judicial Magistrate, Yupia failed to appr