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2022 Supreme(Tri) 323

S. G. CHATTOPADHYAY
Chandra Mohan Sarkar – Appellant
Versus
State of Tripura – Respondent


Advocates appeared:
Mr. Raju Datta, Advocate, for the Petitioner; Mr. S. Ghosh, Addl. P.P, for the Respondent

JUDGMENT

1. By means of filing this criminal revision under section 397 read with section 401 Cr.P.C., petitioners have assailed the judgment and order dated 05.12.2019 passed by the Sessions Judge, Khowai in Criminal Appeal No.08 of 2019 affirming their conviction and sentence under section 354B read with section 34 IPC passed by the Chief Judicial Magistrate, Khowai by his judgment and order dated 31.08.2019 in case No.PRC (WP) No.54 of 2018.

2. The genesis of the prosecution case is rooted in the FIR lodged by the prosecutrix with the officer in charge of Teliamura police station on 21.04.2018. The prosecutrix (name withheld to hide her identity) alleged in her written FIR that on 21.04.2018 at about 8 O'clock in the morning she went to the tilla (a high land) near her home to see her goat which was left there for grazing. At that time, the petitioners appeared there and gave indecent proposals to her. When she was untying her goat, accused petitioner Chandra Mohan Sarkar embraced her and he tried to disrobe her. As she applied force to free herself from the hold of Chandra Mohan Sarkar, other accused Laxmikanta Das came forward and seized her hands. Both of them touched at differ

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