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2014 Supreme(Tri) 77

DEEPAK GUPTA
Md. Abdul Mutlib – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Appellant :Mr. A.C. Bhowmik, Sr. Advocate and Mr. P. Saha, Advocate
For the Respondents: Mr. R.C. Debnath, Addl. P.P.

JUDGMENT

Deepak Gupta, C.J.:-

This criminal revision petition is directed against the judgment dated 16-03-2005 delivered by the learned Additional Sessions Judge, North Tripura, Dharmanagar in Criminal Appeal No. 1(1) of 2005 whereby he dismissed the appeal filed by the present petitioner and upheld the judgment of the learned Judicial Magistrate 1st Class, Dharmanagar, North Tripura in G.R. 428 of 2003 convicting the accused-petitioner of having committed an offence punishable under section 417 of the Indian Penal Code (IPC). The accused was sentenced to undergo rigorous imprisonment for 1(one) year for commission of offence punishable under section 417 of IPC and also to pay fine of Rs. 3,000/- and in default of payment of fine to suffer further simple imprisonment for 2(two) months. Normally, this Court is very reluctant to interfere in exercise of its revisionary or extraordinary jurisdiction in matters related to pure finding of fact. However, if such finding of fact is based on no evidence or is such which no prudent person can arrive at, then the Court would be failing in its duty if it did not interfere.

2. The allegations in the complaint are that the prosecutrix used to liv








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