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2018 Supreme(Tri) 107

S.TALAPATRA
Dulal Debnath S/o Sri Narayan Debnath – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Appellant : Mr. S. Bhattacharjee, Adv.
For the Respondent: Mr. A. Roy Barman, Addl. PP

JUDGMENT & ORDER :

Heard Mr. S Bhattacharjee, learned counsel appearing for the appellant as well as Mr. A Roy Barman, learned Addl. PP appearing for the State.

2. This is an appeal under Section 374(2) of the CrPC from the judgment and order dated 18.06.2016 delivered in Criminal Appeal No. 53(4) of 2013 by the Addl. Sessions Judge, Court No.3, West Tripura, Agartala.

3. The appellant was tried under Section 468/471 of the IPC by the Court of the Judicial Magistrate, 1st Class, Court No.5, Agartala, West Tripura. By the judgment and order dated 31.01.2013 delivered in GR 1269 of 2007 the petitioner was acquitted from the charge on benefit of doubt on observing that PW5 could not give any reason as to why the School Authority stopped to maintain such counter-file register on 27.01.1998 while issuing the Transfer Certificate, and as such, it cannot be held that such certificate dated 27.06.1998 (Exbt.-2) was issued in favour of the petitioner. Since that had created a reasonable doubt in the mind of the trial court, the appellant was acquitted from the charge as framed under Section 468/471 of the IPC.

4. Being aggrieved by the said judgment and order dated 31.01.2013 the State filed an

























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