RAJENDRA KUMAR DEY S/O MANMOHAN DEY Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
Rajendra Kumar Dey S/O Manmohan Dey
STATE OF ASSAM
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Mir Alfaz Ali, J. -
(1.) This revision is directed against the judgment and order dated 26-11-2008 passed by learned Addl. Sessions Judge (FTC), Biswanath Chariali, Sonitpur in Crl. Appeal No. 4(S-1)/2007. By the said judgment, learned appellate court dismissing the appeal filed by the present petitioner, upheld and confirmed the conviction and sentence of the petitioner u/s 377/511 IPC.
(2.) The case of the prosecution, in short, was that the petitioner Rajendra Kumar Dey called the victim to his house on the pretext of some works. When the victim went to his house at about 6.30 in the evening, he took him to a dark room. The petitioner removed his pant and asked him to touch his male organ but he denied. When the accused tried to commit some obscene act with him, the victim left the place and ran away. Mother of the victim lodged the FIR, on the basis of which, police investigated the case and submitted charge-sheet against the present petitioner u/s 377/511 IPC.
(3.) The petitioner stood trial for offence u/s 377/511 IPC and was convicted and sentenced to imprisonment for three months and fine of Rs. 3,000/- with default stipulation. The appeal filed by the petitioner stood dismissed.;
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