SUJAN DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of filing a criminal revision petition on 4/6/2018 petitioner challenged the judgment and order dtd. 28/3/2018 passed by the Sessions Judge, Gomati Judicial District in Criminal Appeal No. 47(3) of 2016 affirming the judgment and order dtd. 12/8/2016 passed by the Judicial Magistrate First Class, Amarpur in Case No. GR 184 of 2011 whereby the learned Judicial Magistrate convicted the petitioner for offence punishable under Sec. 448 and 354 IPC and sentenced him to RI for one year under sec. 448 IPC and RI for 2 years under sec. 354 IPC and a fine of Rs.5,000.00 with default stipulation.

(2.) The genesis of the prosecution case is rooted in the FIR lodged by the mother of victim with the officer in charge of Birganj police station at Amarpur on 3/11/2011 wherein it was alleged that at about 10.30 pm at previous night, the petitioner who was a neighbour of her entered into her house and outraged the modesty of her daughter by pulling her hands. Following her cry, the neighbours came out and rescued her daughter. The accused was also physically assaulted by the neighbours. When she returned home she saw the accused in her house who was detained by her neighbours.

(3.) On the basis of the said FIR, Birganj PS case No. 83 of 2011 was registered for offence punishable under Sec. 448 and 354 IPC and the same was investigated by Goutam Jamatia, Sub Inspector of Police who after completion of investigation charge sheeted the petitioner for having committed offence punishable under Sec. 448 and 354 IPC.