Citation : 2023 Latest Caselaw 764 Tri
Judgement Date : 12 September, 2023
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
Crl.A(J) No.38 of 2023
Sri Debabrata Das
.........Appellant(s);
Versus
The State of Tripura
.........Respondent(s).
For Appellant(s) : Mr. D.J. Saha, Advocate, Ms. Suchitra Ghosh, Advocate.
For Respondent(s) : Mr. S. Debnath, Addl. P.P. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH
Order 12/09/2023
The appellant has been convicted under Section 366/34 of IPC
and under Section 376(1) of IPC and also under Section 4 of the POCSO
Act. He has been sentenced to suffer RI for 10 (ten) years and to pay fine of
Rs.20,000/- with a default sentence under Section 4 of the POCSO Act and
to suffer RI for 3 years and to pay fine of Rs.10,000/- with a default sentence
under Section 366 of IPC read with Section 34 of IPC. However, since the
convict has been sentenced under Section 4 of the POCSO Act, no sentence
has been passed under Section 376(1) of IPC. The other accused namely
Biki Das has been convicted under Section 366/34 of IPC and sentenced to
suffer RI for 3 years and to pay fine of Rs.10,000/- with a default sentence
under Section 366 of IPC read with Section 34 of IPC.
Admit.
Call for the lower Court records in connection with Special
(POCSO) 36 of 2021 from the Court of Special Judge (POCSO), West
Tripura, Agartala.
Office to prepare Paper Book after receipt of the LCRs.
Matter be listed for hearing in usual course.
Prayer for suspension of sentence made by the appellant
through IA No.01/2023 shall be considered after receipt of the lower Court
records.
Meanwhile, Registry to trace as to whether the other convict
has preferred any appeal against the impugned judgment.
(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ
Pijush MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2023.09.13 16:02:10 +05'30'
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