RASHEL MIA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. S. Bhattacharjee, learned counsel appearing for the appellant as well as Mr. R.C. Debnath, learned Additional Public Prosecutor appearing for the State.

(2.) THIS appeal is directed against the judgment and order of conviction and sentence dated 04.05.2010 passed by the Sessions Judge, North Tripura, Kailashahar in ST 41(NT/K) of 2009. By the said judgment the appellant has been convicted under Section 489C of the Indian Penal Code and sentenced to suffer five years rigorous imprisonment.

(3.) ON culmination of the investigation, the final police form, chargesheeting the appellant, was filed having prima facie materials of his involvement and committing the offences punishable under Sections 489B and 489C of the IPC. Since those offences cannot be tried by a Magistrate, the case was committed to the Court of the Sessions Judge, North Tripura, Kailashahar after taking due cognizance. On appreciating the police report along with the materials, the Sessions Judge framed the charge against the appellant under Section 489B and 489C of the IPC to which the appellant pleaded total innocence and claimed to face the trial.