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Crl. Rev. P. No.43 of 2020

HIGH COURT OF TRIPURA

AGARTALA

Crl. Rev. P. No. 43 of 2020

Sri Ratan Bhowmik,

Son of Late Santi Lal Bhowmik of Haripur, P.S. Belonia, Dist. South Tripura.

----- Revision Petitioner(s)

Versus

The State of Tripura

-----Respondent(s)

For Petitioner(s)

:

Mr. S. Sarkar, Sr. Adv.

Ms. Shima Banik Deb, Adv.

Ms. P. Chakraborty, Adv.

For Respondent(s)

: Mr. S. Debnath, Addl. P.P.

Date of Hearing

: 26^th November, 2021.

Date of Pronouncement

:

6^th April, 2022.

Whether fit for reporting

: YES

B_E_F_O_R_E_

HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY

JUDGMENT & ORDER

This criminal revision arises from the judgment and order dated

23.11.2020 passed by the Sessions Judge, South Tripura, Belonia in Criminal Appeal

No.12 of 2020 affirming the judgment and order of conviction and sentence dated

12.02.2020 passed by the Chief Judicial Magistrate, South Tripura, Belonia in case

No. PRC (WP) 15 of 2018 whereby the learned Chief Judicial Magistrate convicted

the petitioner for having committed offence punishable under section 354 IPC and

sentenced him to RI for one year and fine of Rs.5,000/- with default stipulation.

[2]

Factual background of the case is as under:

Victim lodged a written FIR with the officer in charge of

Hrishyamukh police outpost at Belonia on 25.12.2017 at around 4 O’clock in the

afternoon alleging that at 12.30 noon on the day when she was in the kitchen of

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Crl. Rev. P. No.43 of 2020

her house, accused made an entry into her kitchen in absence of her husband and

sons at home. He gave an indecent proposal to her and also offered her money.

Suddenly, he embraced her and tried to disrobe her. He also touched her breasts.

To free herself from the hold of the accused, victim took up a dao (a sharp cutting

weapon) and caught hold of his shirt. They started scuffling with each other and

came to the courtyard. Her younger son who was having a bath in the nearby

tubewell came to the rescue of his mother. People who were engaged in work in

the nearby paddy field also rushed to the house of the victim and detained the

accused. After a while, wife of the accused and 12-15 relatives of the accused came

to there and they forcibly took away the accused from there. While leaving, they

threatened the victim with dire consequences.

[3]

The officer in charge of Hrishyamukh police outpost recorded the

information in the General Diary of the police outpost vide HRM O/P GDE No.13

dated 25.12.2017 and forwarded the FIR to the officer in charge of Belonia Women

police station for registration of case. Based on the FIR of the victim, Belonia

Women police station case No.2017 WMN 057 under sections 448,354 and 506 IPC

was registered and the case was endorsed to Women Sub Inspector of police Rubi

Bala Baidya for investigation.

[4]

In the course of investigation, the investigating officer had visited

the crime scene on the following day and seized the slippers of the accused and a

piece of his shirt which got ripped during his scuffling with the victim from the

courtyard of the victims’ house. She had also drawn up a hand sketch map of the

crime scene along with separate index indicating therein the material locations of

the crime scene. Thereafter, the investigating officer examined the victim and other

witnesses acquainted with the facts of the case and recorded their police

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Crl. Rev. P. No.43 of 2020

statements under section 161 Cr.P.C. Victim was also produced before the Judicial

Magistrate who recorded her statement under section 164(5) Cr.P.C.

[5]

Having concluded the investigation, the investigating officer laid

charge sheet against the accused for having committed offence punishable under

sections 448, 354 and 506