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1998 Supreme(Online)(Gau) 5

GAUHATI HIGH COURT
Shri. , J
Samir Saha and Another v. State of Tripura


Advocates:
For the Appellants/Petitioners: Mr. S. Dutta

Table of Content
1. conviction rests on evidence of wrongful confinement. (Para 1 , 2 , 3 , 4 , 6)
2. prosecution must prove specific elements of charges. (Para 7 , 9 , 12 , 13)
3. victim's testimony must be corroborated by evidence. (Para 8 , 10 , 11)
4. final ruling dismisses the appeal based on evidence. (Para 14 , 15)

1. This is an application in revision by Shri. Samir Saha and Shri. Tuku Mia whose conviction and sentence under S.363 and S.365 of IPC have been upheld by learned Sessions Judge, South Tripura, Udaipur with modification to the extent that both the petitioners are to suffer rigorous imprisonment for six months for each of the offences punishable under S.363 and S.365 of IPC. The sentences were, however, ordered to run concurrently.

2. The case of the prosecution, so far as it is now material, may be summarised briefly as follows:
On 19-5-1996 at about 7/8 p.m. Smt. Siha Debnath who is the resident of village No. 3 Kshudiram Pally under Birganj Police Station proceeded a certain distance along with her friend just to see her off. But while coming back it was alleged, the petitioners along with two others called her to say something and as they are known persons Smt. Debn


















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