Crl.Rev.P. 258/2016. Gauhati High Court
| Case Number | Crl.Rev.P. 258/2016 |
| Judgement Date | January 20, 2020 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)
Crl. Rev. P. 258/ 2016
Sri Mahadev Talukdar
S/ o Late Haren Talukdar, R/ o –village – Hajongbari, P.S. –Pragjyotishpur, District- Kamrup(Metro), Assam
… Petitioner
- Ver su s-
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The State of Assam
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Smt. Sabita Das,
D/ o Sri Prafulla Das,
R/ o –Village – Hajongbari,
P.S.-–Pragjyotishpur,
District- Kamrup(Metro),
Assam
….Opp. Parties
BEFORE
HON’BLE MR. JUSTI CE PARAN KUMAR PHUKAN
Advocates for the Petitioner : Mr. B. Phukan & Mr. K. Baruah
Advocate for the Respondent No. 1 : Mr. N.K. Kalilta, Addl.P.P. Advocates for the Respondent No. 2 : Ms. P. Talukdar
& N. Choudhury
Date of hearing : 20.01.2017
Date of judgment : 20.01.2017
JUDGMENT AND ORDER ( ORAL)
This revision is directed against the judgment and order dated 17.09.2015 passed by the learned Addl. Sessions Judge No. 1, Kamrup (Metro), Guwahati in Crl. Appeal No. 19/ 2016 affirming the judgment and order dated 20.02.2015 passed by the learned Spl. Judicial Magistrate, Assam at Guwahati in G.R. Case No. 7103/ 2010 convicting the accused petitioner under sections 342/ 354 of the I ndian Penal Code and sentencing him to RI for 4 months under section 342 I PC and RI for 1 year and 2 months and to pay fine of Rs. 2,000/ -, in default, to S.I. for 2 months under section 354 of the I PC with a direction that the sentences shall run concurrently.
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Heard Mr. B. Phukan, learned counsel appearing for the revision petitioner and Mr. N.K. Kalita,learned addl. Public Prosecutor, Assam.
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The fact of the case is that on 18.09.2010 at about 7 A.M. in the morning while the alleged victim girl named “X”……………. (name not disclosed) was walking on the roadside, the accused petitioner persuaded her to go to the L.P. School situated nearby and outraged her modesty. FI R to that effect was lodged by the mother of the girl on that very day on the basis of which a case was registered and on completion of investigation charge sheet was submitted against the accused petitioner under sections 342/ 354 of the I PC. I n order to prove the charges the prosecution examined 5 witnesses including the I nvestigating Officer. The defence took the plea of total denial in his defence statement recorded under section 313 Cr.P.C.
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Learned counsel appearing for the accused petitioner, inviting my attention to the evidence of the prosecution witnesses, contends that no offence either under section 342 or 354 of the I PC has been...
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