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2024 Supreme(Gau) 1070

SUSMITA PHUKAN KHAUND
Sanjoy Adhikary, S/o. Sri Padma Lochan Adhikary – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. I.A. Hazarika, Mr. H.R.A. Choudhury, Mr. A. Ahmed.

JUDGMENT :

Susmita Phukan Khaund, J.

Heard Mr. H.R.A. Choudhury, learned Senior Counsel for the appellant, who has filed this appeal challenging the judgment and order dated 22.02.2013 passed by the learned Sessions Judge, Kokrajhar in connection with Sessions Case No. 16 of 2012 whereby the appellant was convicted under Section 509 of the Indian Penal Code, 1860 (the IPC for short) and sentenced to undergo Simple Imprisonment for one year and to pay a fine of Rs.5000/- (Rupees Five Thousand) with default stipulation.

2. Heard learned Additional Public Prosecutor Mr. P.S. Laskar for the respondent State.

3. The appellant Sanjoy Adhikary, hereinafter will be referred to as the accused.

4. The genesis of the case is that on 26.10.2011 at about 5:00 PM, the victim X was in Shyama Puja Mandap of Ward No. 10 (Office Colony), Kokrajhar along with her friend. At that time, she saw the accused at that place and she walked up to the accused and demanded money he had to repay, and also she asked the accused to return some other articles. The accused then uttered obscene words and assaulted her and she slumped to the ground and consequentially, her spectacles were damaged.

5. An FIR regarding this

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