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HIGH COURT OF TRIPURA

AGARTALA

Crl.A.(J) No.22 of 2023

Sri Bishnu Bardhan, S/o Sri Tapash Bardhan, R/o Narayanpur, Airport, PO-

Airport, PS- Airport, District- West Tripura, Pin- 799251, Age- 23 years

.........Appellant(s)

Versus

The State of Tripura, represented by its Secretary-cum-Commissioner,

Department of Home, Government of Tripura, PO- Kunjaban, PS- New Capital

Complex, Dist- West Tripura

.........Respondent(s)

For Appellant(s)

: Mr. Ankan Tilak Paul, Legal Aid Counsel.

For Respondent(s)

: Mr. Sumit Debnath, Addl. Public Prosecutor.

HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Date of Judgment & Order: 25.08.2023

Whether Fit for Reporting: YES

JUDGMENT & ORDER (ORAL)

Heard Mr. Ankan Tilak Paul, learned Legal Aid Counsel for the

appellant and Mr. Sumit Debnath, learned Additional Public Prosecutor for the

respondent-State.

2.

The sole convict, that is the appellant, is aggrieved by the

impugned judgment of conviction and sentence dated 09.06.2022 passed by the

learned Assistant Sessions Judge, Court No.1, West Tripura, Agartala in

S.T.(Type- 2) 44 of 2021, whereby he has been convicted under Section 382D

of the Indian Penal Code, 1960 (IPC, for short) and has been sentenced to

undergo rigorous imprisonment for 7(seven) years.

3.

The prosecution story, in a nutshell, is that PW-1, the owner of the

motorbike bearing registration No.TR-01G-5874 (Star City), is the complainant

who lodged a written complaint on 11.02.2021 before the Officer-in-Charge,

Airport P.S., being Airport P.S. Case No. 2021 ARP 019 under Section 382D

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of the IPC alleging that on 10.02.2021 at around 06:00 pm, the accused person,

that is the appellant herein, committed theft of his motorbike from his house.

After a few days, the complainant’s son saw the stolen bike, driven by another

person, that is PW-3, at Lichubagan, Agartala. Thereafter, he detained that

person and handed him to the police along with the bike. That person disclosed

that he purchased the bike bearing registration No.TR-01G-5874 (Star City)

from the accused i.e. the present appellant. After completion of investigation,

chargesheet was submitted against the present appellant only under Section

382D of the IPC. Learned Judicial Magistrate, First Class, West Tripura,

Agartala took cognizance of the offence on 08.09.2021 against the present

appellant and the accused was supplied copies before proceeding for trial.

Charges were framed against him on 04.12.2021, to which he pleaded not

guilty. Trial commenced, prosecution examined six witnesses and also adduced

some exhibited documents which are marked as follows:

Exhibit 1/1 – Signature of Pw-1 in the FIR,

Exhibit 2/1 – Signature of PW-1 in the seizure list, dated 12.02.2021,

Exhibit 2 – Signature of PW-2 in the seizure list, dated 12.02.2021,

Exhibit 2/2 – Signature of PW-2 in the seizure list, dated 18.03.2021,

Exhibit 3 – Signature of PW-3 in the seizure list dated 18.03.2021,

Exhibit 2/2 – Signature of PW-5 in the seizure list dated 12.02.2021,

Exhibit P 1/2 – Endorsement in the FIR form by PW 6,

Exhibit P 4 – Entries in the FIR form by PW 6,

Exhibit 7 – Seizure list dated 12.02.2021 prepared by PW 6,

Exhibit 8 – Seizure list dated 18.03.2021 prepared by PW 6.

4.

The defence did not adduce any evidence. But during his

examination under Section 313 of Cr.P.C., he stated that he had stolen the

motorbike of the complainant by mistake in a drunken state and sold it.

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5.

Learned Trial Court framed the points for determination at Para 10

of the impugned judgment which is reproduced hereunder:-

“i) Whether the above named accused person, on 10.02.2021, at around

18:00 hours, at Dighalia, under Airport P.S. the accused person committed

the offence of “vehicle lifting” of the motor bike bearing registration

No.TR-01G-5874 (Star Ci