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2017 Supreme(Tri) 261

S.TALAPATRA
Sujit Sarkar, Son of Kanai Sarkar – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Appellants :Mr. S. Deb, Sr. Advocate, Mr. S. Ghosh, Mr. S. Datta, Advocate.
For the Respondent: Mr. R.C. Debnath, Addl. P.P.

JUDGEMENT AND ORDER :

Both the appeals being CRL. A. 08 of 2013 [Sri Sujit Sarkar and 2 others vs. State of Tripura] and CRL. A 09 of 2013 [Sri Prasenjit Das vs. State of Tripura] are combined for disposal by a common judgment since those appeals arose from the judgment and order of conviction and sentence dated 29.04.2013 delivered in case No. S.T. 29 (WT/K) of 2011 by the Additional Sessions Judge, West Tripura Judicial District, Khowai. The said judgment dated 29.04.2013 and the consequential order of sentence therefrom are under challenge in these appeals.

2. The genesis of the prosecution is rooted in the written ejahar filed by one Babulal Sarkar (PW-1) revealing that on 15.09.2011 at about 10.30 a.m. his daughter (name withheld for purpose of withholding the identity) proceeded towards her school namely Teliamura Class XII school, when the appellants herein by applying force took his daughter into a maruti vehicle bearing No. TR-01-T-0603 and started proceeding towards Amlighat, Srinagar under Belonia police station. The complainant received a phone-call informing him that his daughter with some persons had been detained by the local people, but finally he could see his daught



























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