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S. G. CHATTOPADHYAY
Swapan Das – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
1. This criminal revision arises from the judgment and order dated 24.02.2020 passed by the Sessions Judge of Khowai Judicial District in Criminal Appeal No.06 of 2019 affirming the conviction and sentence of the petitioner under sections 323, 506 and 341 IPC awarded by the Chief Judicial Magistrate, Khowai by his judgment and order dated 02.07.2019 passed in case No.PRC (WP) No.55 of 2018.
2. The prosecution case germinated from the FIR lodged by Smt. Rina Das [PW-1] of Teliamura with the officer in charge of Teliamura police station on 09.12.2017 at 09.45 pm. The informant alleged in her written FIR that on 08.12.2017 at about 06.30 am she was returning home after purchasing some goods from the shop of Swadesh Das in her village. At that time, the accused petitioner stood on her way. He caught hold of her hair and dragged her to the courtyard of his house where he tied her hair with a wooden pillar. Then he brought a dao (a sharp cutting weapon) and terrorizezed the informant. The informant raised hue and cry to save her life. The neighbouring people rescued her and brought her to Teliamura hospital. After returning from hospital, she lodged the FIR.
3. Based on her FIR, Te
The court affirmed the conviction under IPC for bodily harm and intimidation, emphasizing corroborative eyewitness testimony and the nature of the crime justifying the denial of probation.
The court upheld the conviction under IPC sections for assault and outrage of modesty, reinforcing the evidentiary weight of consistent witness testimonies.
The non-recovery of the weapon of offence does not necessarily affect the prosecution case if there is ample unimpeachable ocular evidence and corroboration from medical evidence.
The court upheld the conviction of the accused under Section 326 IPC for causing grievous injury, but granted the benefit of the Probation of Offenders Act considering the lapse of time and the accus....
Conviction under IPC can rely solely on the victim's testimony if credible, but all sentences must adhere to minimum statutory requirements.
Conviction upheld for assault; delay in FIR filing does not invalidate corroborated witness testimonies.
Consistent and reliable evidence, including witness testimony and medical evidence, supported the conviction and sentence of the petitioners for offences against modesty under the Indian Penal Code.
Conviction upheld - Voluntarily causing grievous hurt - X-ray report - Oral evidence of victim matches with medical evidence and injury report has been proved.
Prosecution must prove its case beyond reasonable doubt, and prior enmity does not inherently ensure evidence reliability.
The Court held that it was appropriate to grant probation to the convicted individuals based on their long-standing conduct and the nature of the offenses under the Probation of Offenders Act, 1958.
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