BISHNU DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant criminal revision petition is filed by the convict petitioner Bishnu Debnath challenging the judgment dated 23.09.2005 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 19(2) of 2005 whereby the learned Sessions Judge affirmed the judgment dated 29.03.2005 passed by the learned Chief Judicial Magistrate, West Tripura, Agartala in case No. GR 1116 of 2003 convicting the petitioner under Sections 354 and 457 IPC and sentencing him to suffer R.I. for two years for committing offence under Section 457 IPC and also to suffer R.I. for one year for committing offence under Section 354 IPC and both the sentences shall run consecutively.

(2.) Heard Mr. N.Mukherjee, learned counsel appearing for the petitioner as well as Mr. RC Debnath, learned Additional PP.

(3.) The prosecution case, in short, is that on 22.12.2003 at about 11.00 pm while the informant Smt. Chaya Sarkar was sleeping alone with her children in her hut, the convict petitioner Bishnu Debnath trespassed into her room by breaking open the bamboo made door and embraced the complainant with a view to outrage her modesty. Then she raised alarm and hearing her alarm, her husband woke up from sleep and switched on the electric light and saw the convict petitioner Bishnu Debnath was scuffling with her on her cot. Seeing the aforesaid incident, the husband of the informant raised alarm. Hearing their alarm, neighbouring people rushed there and in the mean time, the convict petitioner fled away. The matter was informed to Amtali police station in writing by the informant victim on the basis of which a police case was registered being Amtali PS case No. 111 of 2003.