MAINUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Sarma, learned counsel for the petitioner as well as Mr. H. Das, learned counsel appearing for the respondents.

(2.) This revision petition is filed under Sec. 397/401, read with Sec. 482 of the code of Criminal Procedure, 1973 (Cr.P.C for short). Revision is preferred against the judgment and order dtd. 24/10/2021 passed by learned Judicial Magistrate, 1st Class, Goalpara in connection with G.R. Case No. 1253/2008, arising out of Goalpara Police Station Case No. 325/2008.

(3.) The judgment and order is impugned, on the grounds that the trial Court has erred by acquitting Sofior Rahman Talukdar and Mukaddes Ali (hereinafter referred to the respondent nos. 2 and 3 respectively). It is averred that the trial Court has erroneously held that charge under Sec. 448 of the Indian Penal Code (IPC for short) was not proved. The trial Court has failed to appreciate the evidence on record in its proper perspective, keeping in view the provisions of Ss. 441/442 of the IPC. The trial Court ignored the clinching and corroborating evidence of the prosecution witnesses clearly implicating that the respondents had entered into the complainant's office room within the nursing home campus, armed with lathi and other weapons and snatched away the almirah keys and thereafter looted cash from the drawers. The trial Court has failed to appreciate that Ss. 441 and 442 IPC are interrelated. It has been held erroneously that there is no evidence of criminal trespass or wrongful intention to constitute an offence under Sec. 447 of the IPC.