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S. G. CHATTOPADHYAY
Purnendu Aich – Appellant
Versus
State of Tripura – Respondent
JUDGMENT AND ORDER
1. By means of filing this criminal revision petition, petitioner Purnendu Aich has challenged the judgment and order dated 17.02.2020 passed by the Sessions Judge, Gomati Judicial District, Udaipur in Criminal Appeal No.33 of 2019.
Petitioner was convicted under Section 354 IPC and sentenced to rigorous imprisonment (R.I) for a term of one year with default stipulation by the Judicial Magistrate, First Class by judgment and order dated 14.08.2019 delivered in PRC(WP) No.24 of 2019. He appealed against the order in the court of the Sessions Judge at Udaipur. The learned Sessions Judge by the impugned judgment affirmed his conviction under Section 354 IPC but reduced his sentence from rigorous imprisonment (R.I) for a term of one year to rigorous imprisonment (R.I) for a term of six months with default stipulation which is under challenge in this criminal revision.
2. Heard Mr. D. K. Das Chowdhury, learned counsel appearing for the petitioner as well as Mr. S. Debnath, learned Additional Public Prosecutor representing the State.
3. Factual background of the case is as under: Father of the victim (name withheld) lodged a written FIR with the Officer-in-Charge of R. K.
A landlord's unwelcome entry into a tenant's room and use of criminal force to touch her body constitutes an offense under Section 354 IPC, affirming the principle that intention can be inferred from....
The court upheld the conviction under Section 354 IPC, concluding that the appellant's actions constituted an outrage of modesty, supported by the victim's testimony and corroborating evidence.
The court found that where evidence is insufficient and there are contradictions in victim testimony, doubts benefit the accused, leading to the quashing of conviction under non-compoundable offences....
Conviction under IPC can rely solely on the victim's testimony if credible, but all sentences must adhere to minimum statutory requirements.
The conviction under Section 354 IPC was upheld based on the credible testimony of the victim, while the sentence was reduced from five to three years due to mitigating circumstances.
Substantive sentence can be reduced if incident is old one.
The absence of independent witnesses does not negate the reliability of a victim's testimony, and minor discrepancies do not undermine the core of the case.
In cases of alleged offenses under Section 354 IPC, the prosecution must establish the charge beyond reasonable doubt, and testimonies of victims carry significant weight, with delays in lodging FIR ....
Procedural lapses in the recording of victim statements do not invalidate the prosecution's case if sufficient evidence independently establishes guilt beyond reasonable doubt.
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