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TRIPURA HIGH COURT
Not mentioned, Not mentioned
Binoy Das alias Sunai – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. facts of the case and procedural background. (Para 3 , 4 , 5 , 6 , 7) |
| 2. arguments by the appellant questioning evidence. (Para 8 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's observations on evidence and legal standards. (Para 19 , 20 , 21 , 22 , 23) |
| 4. final verdict and rationale for acquittal. (Para 25) |
| 5. conclusion and disposal of the appeal. (Para 26) |
1. Heard Mr. S. S. Datta, learned counsel appearing for the appellant. Also heard Mr. Ratan Datta, learned Public Prosecutor, appearing for the respondent - State.
2. This criminal appeal has been filed under S.374 of Cr. P.C. against the judgment dated 18.12.2021 passed by the learned Special Judge (POCSO), Agartala, West Tripura in connection with Case No. Special (POCSO) 43 of 2018 sentencing the appellant to suffer SI for 4 years for the offence punishable under S.363 of IPC and also suffer SI for a term of 4 years and to pay a fine of Rs.10,000/-. Both the sentences shall concurrently.
3. The present case was instituted upon a police report, as FIR No.2018 / WEA / 038 dated 27.04.2018. Briefly, the fact of the case is that one Pradip Sutradhar submitted a written petition to the effect that on 26.06.2018 at about 19
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