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2021 Supreme(Tri) 86

S.G.CHATTOPADHYAY
Dipak Das – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Appellant :Kawsik Nath, Advocate
For the Respondents: Ratan Datta, Public Prosecutor

JUDGMENT :

S.G. Chattopadhyay, J.

1. This criminal revision petition has been filed challenging the judgment dated 23.06.2016 delivered by the Sessions Judge, Unakoti Judicial District, Kailashahar in Case No. Criminal Appeal 06(3) of 2015 affirming the judgment and order of conviction and sentence dated 08.07.2015 passed by the Judicial Magistrate, First Class, Kailashahar in Case No. GR 76 of 2011 whereby petitioners were convicted and sentenced to R.I. for six months and a fine of Rs. 10,000/- each with default stipulation for commission of offence punishable under Section 354 read with Section 34 IPC and also sentenced to fine of Rs. 1000/- each with default stipulation for commission of offence punishable under Section 323 of the Indian Penal Code and it was ordered that fine on realisation be paid to the victim.

2. The brief facts which have led to the filing of this revision petition are as under:

    The victim (name withheld) lodged a written FIR with the Officer-in-Charge of Kumarghat police station at about 4.30 pm on 23.02.2011 alleging inter alia that on the previous day the two petitioners trespassed into her house and outraged her modesty. They caught hold of her and gagged

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