IN THE HIGH COURT OF TRIPURA

A G A R T A L A

CRL. REV. P. No.43 of 2013

Sri Ranjit Sarkar,

son of Paresh Sarkar of village-

Bagasur

Tilla

under

North

Kalamchowra, P.S. Kalamchowra,

District-Sepahijala

…… Petitioner

– V e r s u s –

The State of Tripura

.….. Respondent

BEFORE

THE HON’BLE MR.JUSTICE S. TALAPATRA

For the petitioner

: Mr. S. Chakraborty, Advocate

For the respondent

: Mr. A. Ghosh, P.P.

Date of hearing and

: 08.04.2016

delivery of judgment & order

Whether it is fit for reporting :

JUDGMENT & ORDER (ORAL)

Heard

Mr.

S.

Chakraborty,

learned

counsel

appearing for the petitioner as well as Mr. A. Ghosh, learned P.P.

appearing for the state.

[2]

This revision petition, filed under Section 397 read

with Section 401 of the Cr.P.C. is directed against the judgment

and order dated 06.04.2013 delivered in Criminal Appeal

No.02(3) of 2012 by the Addl. Sessions Judge, West Tripura,

Tripura, Sonamura.

Yes No

√

CRL. REV. P. No.43 of 2013

Page 2 of 4

[2]

[3]

Briefly stated the prosecution case as borne in the

records is that on 09.10.2008 at about 12 O’clock at night, the

victim, whose name has been withheld for protecting her

identity, for having a look on her sister-in-law’s baby came to

her matrimonial house from a cultural programme which was

being organized in a place just adjacent to their place, then the

petitioner taking advantage of that situation outraged the

modesty and even tried to commit sexual intercourse.

[4]

On the basis of the written ejahar filed by the victim

on 13.10.2008, Kalamchoura P.S. Case No.87 of 2008 was

registered under Sections 447/354 of the I.P.C. and taken up for

investigation.

On

completion

of

the

investigation,

the

chargesheet was filed against the petitioner. Thereafter, on

taking cognizance, the statement of accusation was read to the

petitioner under Section 251 of the Cr.P.C. when he pleaded his

innocence and claimed to face the trial.

[5]

To substantiate the accusation, the prosecution

adduced as many as 10(ten) witnesses including the victim.

Thereafter the petitioner was examined under Section 313 of the

Cr.P.C. No defence evidence was introduced. On appreciation of

the evidence as led by the prosecution, by the judgment and

order dated 15.06.2012 delivered in case No.GR 580 of 2008,

the Judicial Magistrate, First Class, Sonamura, West Tripura

convicted the petitioner under Sections 447/354 of the IPC and

sentenced him to suffer rigorous imprisonment for 3(three)

months and to pay a fine of Rs.500/- (Rupees Five hundred), in

CRL. REV. P. No.43 of 2013

Page 3 of 4

[3]

default

of

payment

of

fine

to

suffer

further

rigorous

imprisonment for 15(fifteen) days for committing the offence

punishable under Section 447 of the IPC. Further, the petitioner

was sentenced to suffer rigorous imprisonment for 2(two) years

and to pay a fine of Rs.2,000/- (Rupees Two thousand), in

default

of

payment

of

fine,

to

suffer

further

rigorous

imprisonment for 3(three) months for committing the offence

punishable under Section 354 of the IPC.

[6]

Being

aggrieved

by

that

judgment

dated

15.06.2012, the petitioner filed an appeal in the court of the

Sessions Judge, West Tripura, Belonia being Criminal Appeal

No.02(3) of 2012. The said appeal was dismissed by the

impugned judgment and order dated 06.04.2013 on affirming

the finding as returned by the trial court.

[7]

Before the matter was taken up for hearing one

application has been filed by the victim being I.A.549 of 2016

arising from this criminal revision petition seeking leave of this

Court for compounding the offence under Section 354 of the

IPC.

Another

application

was

simultaneously

filed

for

compounding the offence under Sections 354/447 of the IPC

being I.A.4