SAMIR PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal revision petition is directed against the judgment dated 02 -04 -2009 delivered by the learned Additional Sessions Judge, Belonia, South Tripura in case No. Criminal Appeal No. 2(1) of 2009 whereby he dismissed the appeal of the present petitioner and upheld the judgment dated 17 -12 -2008 passed by the learned Sub -Divisional Judicial Magistrate, Belonia, South Tripura in case No. G.R. 233 of 2005 whereby he convicted the petitioner for having committed an offence punishable under section 379 of the Indian Penal Code (IPC) and sentenced him to suffer rigorous imprisonment for 2(two) years and to pay a fine of Rs. 1,000/ - (rupees one thousand) and in default of payment of fine to undergo further simple imprisonment for one month. However, the conviction of the appellant under section 411 of the IPC has been set aside.

(2.) THE allegations against the petitioner are that on 31 -10 -2005, Smt. Sima Roy (PW -5) was walking on the road along with her mother Smt. Shefali Saha (PW -1). It is alleged that the accused came from behind and snatched the gold necklace from the neck of Smt. Sima Roy. He was apprehended soon thereafter by the other witnesses and the gold chain was also recovered.

(3.) I am unable to accept this argument because why would a married woman many years after her marriage falsely implicate the brother of the person she was allegedly having affair with, that too when there is no specific allegation against the accused that there was any dispute with the accused -brother.