Advocates:
['Ms S CHAKRABORTY', '', 'Mr R G CHAKRABORTY', 'PP']

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Crl. Rev. P No.44/2019.

HIGH COURT OF TRIPURA

AGARTALA

Crl. Rev. P No.44/2019

Sri Partha Das,

Son of Late Bhuban Chandra Das,

Of Vill. South Chandrapur, P.S : R. K. Pur,

Udaipur, District : Gomati Tripura.

…………… Petitioner(s).

Versus

The State of Tripura

Represented by Public Prosecutor,

High Court of Tripura, Agartala.

…………… Respondent(s).

BEFORE

THE HON’BLE MR. JUSTICE S. G. CHATTOPADHYAY

For Petitioner(s)

: Mr. R.G. Chakraborty, Advocate.

For Respondent(s) : Mr. Ratan Datta, Public Prosecutor.

Date of hearing

: 8^th September, 2021.

Date of Judgment & Order : 26^th November, 2021.

Whether fit for reporting : NO.

JUDGMENT AND ORDER

This criminal revision petition is directed against the

impugned judgment and order dated 24/5/2019 passed by the Additional

Session Judge, Gomati Judicial District, Udaipur affirming the conviction

and sentence of the petitioner awarded by the Chief Judicial Magistrate,

Gomati Judicial District, Udaipur by his judgment dated 02.02.2017 in

Case No. PRC(WP) 03 of 2016 whereby and whereunder petitioner was

convicted for offence punishable under Section 354 IPC and sentenced to

R. I for one year and fine of Rs.2,000/- with default stipulation and he

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Crl. Rev. P No.44/2019.

was further convicted under Section 323 IPC and sentenced to R.I for

three months and fine of Rs.200/- with default stipulation.

[2]

Prosecution case as alleged in the FIR in brief is that in the

evening of 24.09.2015 accused armed with a dao appeared in front of the

house of the first informant and abused her with filthy language. He also

terrorised the first informant by saying that he would commit rape on

her. She then went to the nearby field where her mother-in-law was

working. She informed her mother-in-law about the conduct of the

accused. When she accompanied by her mother-in-law was returning

home, the accused stood on their way. Her husband also appeared there.

Accused caught hold of her husband and chopped him with a dao on

several parts of his body. When the first informant tried to prevent the

attack on her husband by catching hold of the dao, accused turned to her

and assaulted her. He tore her saree and blouse and also “pressed on her

chest with his fingers”. Following their cry the local people appeared for

their rescue and the accused fled. Initially she met the village head for

redress. Having no response from him she lodged the FIR on 28.09.2015

with the Officer-in-Charge of the Women Police Station at Udaipur. About

delay in lodging the FIR she explained that for her engagement in the

treatment of her injured husband, lodging of FIR was delayed.

[3]

Based

on

her

FIR,

R.K.Pur

Women

P.S

case

No.

2015/WRP/096 under Sections 341,354,323 and 506 IPC was registered

and after investigation police submitted charge sheet punishable under

Sections 341, 354, 323 and 506 IPC.

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Crl. Rev. P No.44/2019.

[4]

Having received the charge sheet, the learned Chief Judicial

Magistrate had taken cognizance of offence and summoned the accused.

Trial commenced in his Court with the framing of the following charges

against the accused:

“Firstly, that on 24.09.2015 at about 5 pm

at Tetuatilla under R. K. Pur PS you wrongly

restrained the informant and her husband on a

public way and thereby you have committed an

offence punishable u/s.341 of IPC and within my

cognizance.

Secondly, that on the same date, time and

place you voluntarily caused hurt to the husband

of informant by fist and blows and thereby you

have committed an offence punishable u/s.323

IPC and within my cognizance,

Thirdly, that on the same date, time and

place you used criminal force and assaulted the

complainant with an intention to outrage her

modesty or knowing that you would thereby

outrage her modesty and thereby, you have