TAPAS DEBNATH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment dated 20th June, 2009 delivered by the learned Additional Sessions Judge, Belonia, South Tripura in Criminal Appeal No. 12 of 2009 whereby he dismissed the appeal of the petitioner and upheld the judgment of the Judicial Magistrate, First Class, Belonia, South Tripura convicting the accused under Section 448 read with Section 354 I.P.C. The accused has been sentenced to undergo imprisonment of one year under Section 354 I.P.C. and to pay fine of Rs. 500/ - in default whereof he was to undergo rigorous imprisonment for one month. With regard to the offence punishable under Section 448 I.P.C. the accused has been awarded similar sentence of one year rigorous imprisonment, fine of Rs. 500/ - and in default of payment of fine further R.I. for one month. Both the sentences were ordered to run concurrently.

(2.) THE prosecution story in brief is that on 03.05.2007 at about 12 noon the victim along with her sister was alone in their house. The accused entered the house and asked the victim for drinking water. When the victim was handing over the glass of water to the accused, he caught hold of the victim, hugged her and the victim raised an alarm. On hearing the alarm the neighbouring people came to the spot and the accused fled away from the spot.

(3.) HOWEVER , as far as offence under Section 354 I.P.C. is concerned, the prosecutrix and her sister have fully supported the prosecution case and it appears that when the victim was handing over the glass of water to the accused he caught hold of her hand. When the accused caught hold of her hand the victim slapped him and thereafter her allegation is that the accused tried to hug her. The sister of the victim who was present in the house has not been examined. But the other neighbours have supported the victim. But they are not eye witnesses to the incident.