CHANDRA MOHAN SARKAR Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
Chandra Mohan Sarkar
STATE OF TRIPURA
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(1.)By means of filing this criminal revision under sec. 397 read with sec. 401 Cr.P.C., petitioners have assailed the judgment and order dtd. 5/12/2019 passed by the Sessions Judge, Khowai in Criminal Appeal No.08 of 2019 affirming their conviction and sentence under sec. 354B read with sec. 34 IPC passed by the Chief Judicial Magistrate, Khowai by his judgment and order dtd. 31/8/2019 in case No.PRC (WP) No.54 of 2018.
(2.)The genesis of the prosecution case is rooted in the FIR lodged by the prosecutrix with the officer in charge of Teliamura police station on 21/4/2018. The prosecutrix (name withheld to hide her identity) alleged in her written FIR that on 21/4/2018 at about 8 O'clock in the morning she went to the tilla (a high land) near her home to see her goat which was left there for grazing. At that time, the petitioners appeared there and gave indecent proposals to her. When she was untying her goat, accused petitioner Chandra Mohan Sarkar embraced her and he tried to disrobe her. As she applied force to free herself from the hold of Chandra Mohan Sarkar, other accused Laxmikanta Das came forward and seized her hands. Both of them touched at different places of her body and thus outraged her modesty. She raised hue and cry and picked up a dao to defend herself. The petitioners then left her and fled away. When she informed her neighbours about the incident, they advised her to report the matter to police. She accordingly lodged the FIR.
(3.)Based on her FIR, Teliamura PS case No.2018 TLM 039 under Sec. 354 and 354B IPC was registered and the case was taken up for investigation.
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