GOVINDA DEBNATH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. D.C. Roy, learned counsel appearing for the petitioner, who was juvenile at the time of commission of offence, of outraging the modesty of the victim girl, punishable under Section 354 of the I.P.C. and of the offence of house trespass, punishable under Section 457 of the I.P.C. Also heard Mr. A. Ghosh, learned P.P. appearing for the State.

(2.) BY this petition filed under Section 397 read with Section 401 of the Cr.P.C., the judgment and order dated 19.08.2011 delivered in Criminal Appeal No. 12(2) of 2011 by the Sessions Judge, West Tripura, Agartala has been questioned. By that judgment dated 19.08.2011, the judgment of conviction and order of detention dated 22.03.2011 delivered in Juvenile Case No. 09 of 2008 arising out of GR 38 of 2008 has been affirmed.

(3.) BASED on the said Ejahar, West Agartala Women P.S. case No. 13 of 2008 under Sections 376/511/34 of the I.P.C. was registered and taken up for investigation and the case was investigated by one Sub -Inspector namely, Mamtaj Hasina (PW -10). On completion of the investigation, she filed the final police report against the petitioner under Sections 447/376 of the I.P.C. After the final police report was received by one of the Judicial Magistrates, Agartala, West Tripura, she transferred the said case to the Juvenile Justice Board for trial as both the accused persons were found to be juvenile in conflict with law by the order dated 02.02.2009. Thus, the Juvenile Justice Board took up the case for trial. During the trial, the charge under Section 457 read with Section 109 of the I.P.C. and under Section 376 of the I.P.C. was framed against the juvenile offender, namely Tapan Sarkar and the charge under Sections 457/376 of the I.P.C. was framed against the petitioner. Both of them pleaded not guilty and claimed to face the trial.