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S. G. CHATTOPADHYAY
Ratan Bhowmik – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
1. This criminal revision arises from the judgment and order dated 23.11.2020 passed by the Sessions Judge, South Tripura, Belonia in Criminal Appeal No.12 of 2020 affirming the judgment and order of conviction and sentence dated 12.02.2020 passed by the Chief Judicial Magistrate, South Tripura, Belonia in case No. PRC (WP) 15 of 2018 whereby the learned Chief Judicial Magistrate convicted the petitioner for having committed offence punishable under section 354 IPC and sentenced him to RI for one year and fine of Rs.5,000/- with default stipulation.
2. Factual background of the case is as under:
Victim lodged a written FIR with the officer in charge of Hrishyamukh police outpost at Belonia on 25.12.2017 at around 4 O'clock in the afternoon alleging that at 12.30 noon on the day when she was in the kitchen of her house, accused made an entry into her kitchen in absence of her husband and sons at home. He gave an indecent proposal to her and also offered her money. Suddenly, he embraced her and tried to disrobe her. He also touched her breasts. To free herself from the hold of the accused, victim took up a dao (a sharp cutting weapon) and caught hold of his shirt. They started
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.
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 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....
The court established that the intention to outrage a woman's modesty is crucial in determining guilt under Section 354 IPC.
Conviction under Section 354 of IPC upheld when testimonies of victim and witnesses were consistent and reliable, distinguishing preparation from an attempt in sexual offences.
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.
The conviction for rape under Section 376 IPC and under Section 3(1)(xii) of the SC & ST Act was not upheld due to lack of evidence; however, conviction for house trespass under Section 454 IPC was a....
Conviction under IPC can rely solely on the victim's testimony if credible, but all sentences must adhere to minimum statutory requirements.
The prosecution must prove the elements of 'criminal force' or 'assault' to sustain a conviction under Section 354 IPC, which was not established in this case.
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