KAMALAKANT SHABLO PILYENKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE Applicant/Original Accused stands convicted for an offence punishable under Sections 354, 324 and 506(1) of the Indian Penal Code by the Assistant Sessions Judge, Panaji by Judgment dated 18th July, 1998, in Session Case No.7 of 1998 and confirmed by the learned lower appellate Court by Judgment dated 12th July, 2002, in Criminal Appeal No.38 of 1998. The Applicant/Original Accused has filed this present revision assailing the conviction and sentence.

(2.) THE Applicant/Original Accused was sentenced to undergo Rigorous Imprisonment for one year and to pay fine of Rs.500/-, in default Rigorous Imprisonment for one month for an offence punishable under Section 354 of the Indian Penal Code. In respect of the offence punishable under Section 324 of the Indian Penal Code, the Applicant/Original Accused was sentenced to undergo Rigorous Imprisonment for six months and to pay fine of Rs.500/-, in default Rigorous Imprisonment for one month. In respect of an offence punishable under Section 506(1) of the Indian Penal Code, the Applicant/Original Accused was sentenced to suffer Rigorous Imprisonment for two months. The learned Assistant Sessions Judge, Panaji, directed that all the sentences shall run consecutively and an amount of Rs.1,500/- be paid as compensation to the prosecutrix. The Applicant/Original Accused being aggrieved by the conviction and sentence passed by the learned Assistant Sessions Judge, Panaji, in Session Case No.7 of 1998, by Judgment dated 18th July, 1998, filed an Appeal before the learned Sessions Judge, North Goa, at Panaji. The learned lower appellate Court by its Judgment dated 12th July, 2002, dismissed Criminal Appeal No.38 of 1998 filed by the Applicant/Original Accused. Hence, the present revision.

(3.) THE examination report of P.W.3, Ujwala Verenkar, is at Exh.PW12/27. He had also examined the Applicant/Original Accused and he found the following injuries:-