(1.) THIS revisional application, under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order of conviction and sentence dated 05.08.2008, passed by learned Additional Sessions Judge, Khowai, West Tripura in Criminal Appeal No. 5(3) of 2008 where -under the learned Addl. Sessions Judge upheld the judgment and order of conviction and sentence dated 28.06.2008, passed by learned Judicial Magistrate 1st Class, Khowai in case No. GR 107 of 2005 under Section 354 of IPC.
(2.) HEARD learned counsel Mr. Bhaskar Deb for the petitioner and Mr. A. Ghosh, learned P.P., for the State -respondent.
(3.) COGNIZANCE was taken on the basis of police report and in course of trial, learned Judicial Magistrate 1st Class examined the accused under Section 251 of Cr.P.C. to which the accused pleaded not guilty and claimed to be tried.