PURNENDU AICH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of filing this criminal revision petition, petitioner Purnendu Aich has challenged the judgment and order dtd. 17/2/2020 passed by the Sessions Judge, Gomati Judicial District, Udaipur in Criminal Appeal No.33 of 2019. Petitioner was convicted under Sec. 354 IPC and sentenced to rigorous imprisonment (R.I) for a term of one year with default stipulation by the Judicial Magistrate, First Class by judgment and order dtd. 14/8/2019 delivered in PRC(WP) No.24 of 2019. He appealed against the order in the court of the Sessions Judge at Udaipur. The learned Sessions Judge by the impugned judgment affirmed his conviction under Sec. 354 IPC but reduced his sentence from rigorous imprisonment (R.I) for a term of one year to rigorous imprisonment (R.I) for a term of six months with default stipulation which is under challenge in this criminal revision.

(2.) Heard Mr. D. K. Das Chowdhury, learned counsel appearing for the petitioner as well as Mr. S. Debnath, learned Additional Public Prosecutor representing the State.

(3.) Factual background of the case is as under: Father of the victim (name withheld) lodged a written FIR with the Officer-in-Charge of R. K. Pur Women Police Station on 9/1/2019 alleging, inter alia, that her 16 years' old victim daughter who was a Madhyamic candidate had taken a room on rent in the house of the accused for prosecuting her studies from there. On 8/1/2019 at about 9.30 pm when the victim was studying in her room, accused knocked on her door and asked her to open the door which was closed from inside. Soon after she opened the door, accused made an entry into her room and embraced her. He also caught hold of her hand and tore her chain. When she cried for help, accused left. Immediately thereafter she informed her father about the incident over his cell phone. He arrived and rescued his daughter from there. On the following day he reported the matter to police by lodging the FIR.