LAWS(GAU)-2011-2-64

PINAK SARKAR Vs. STATE OF TRIPURA

Decided On February 10, 2011
PINAK SARKAR Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) HEARD Miss R. Guha, learned counsel, for the accused-petitioner, and Mr. A. Ghosh, learned Additional Public Prosecutor, representing the State of Tripura.

(2.) THIS revision petition is directed against the judgment and order dated 07.03.2003, passed by the learned Additional Sessions Judge, West Tripura, Agartala, in criminal appeal No.53(4)/2002, whereby the conviction of the accusedpetitioner under Section 498(A) of IPC and sentence to undergo rigorous imprisonment for one year, and to pay a fine of Rs.2,000/-, in default, to undergo further rigorous imprisonment for two months, passed by the learned Judicial Magistrate, 1st Class, Sadar, West Tripura, Agartala, in G.R. Case No.942 of 2001, was confirmed. However, it would be pertinent to indicate here that other co-accused convicted by the learned trial Court under the aforesaid sections of law were acquitted by the appellate Court.

(3.) THE defence stand is that of total denial of the prosecution case. THE accused-petitioner specifically stated in his defence statement recorded under Section 313 Cr.P.C. that no marriage was solemnized between the accused-petitioner (Pinak) and the complainant-PW.1 (Bapi).