SYED ALI KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The legality, propriety and correctness of the judgement dtd. 15/11/2006 as passed by the Learned Additional Sessions Judge, Arambag, Hooghly in connection with Criminal Appeal no.3 of 2006 is the subject matter of the instant application. By the impugned judgment the said First Appellate Court affirmed the judgment of conviction and order of sentence dtd. 24/4/2006 as passed by Learned Judicial Magistrate, 2nd Court, Arambag, Hooghly in connection with GR Case no.391 of 1997 whereby and whereunder the said trial court found the accused guilty under Ss. 323/354 IPC and thus directed him to suffer S.I for one month and to pay a fine of Rs.500.00 i.d to suffer further S.I for another one month for the offence committed by him under Sec. 323 IPC and also to suffer SI for 6 months and to pay fine of Rs.2000.00 i.d to suffer further S.I for two months for the commission of offence under Sec. 354 IPC.

(2.) The convict felt aggrieved and thus preferred the instant revisioal application.

(3.) From the trial court record it reveals that the present revisionist was charged under Sec. 354 IPC for allegedly using criminal force to the victim intending to outrage her modesty and under Sec. 323 IPC for voluntarily causing hurt to the brother of the victim and also under Sec. 379 IPC for allegedly committing theft of gold ornaments of the victim. On appreciation of the evidence as adduced by the eight prosecution witnesses both oral and documentary learned trial court found the present revisionist guilty under Ss. 323 and 354 IPC and he is thus convicted and sentenced to suffer imprisonment and fine as quoted supra. However, the present revisionist was found not guilty under Sec. 379 IPC. He is thus acquitted from the said charge.