As per case facts, the petitioner, a private tutor, was convicted under Section 354 IPC based on a victim's FIR alleging misbehavior during tuition. This conviction was upheld by the ...
TRHC010011972025
2026:THC:1351
HIGH COURT OF TRIPURA
AGARTALA
Crl. Rev. P. No. 46 of 2025
Sri Bijoy Baidya,
S/O: Lt. Mantu Kr. Baidya,
R/O: Rajarbagh, PS-R K Pur,
Udaipur, Gomati Tripura.
---- Petitioner(s)
Versus
The State of Tripura
---- Respondent(s)
For Petitioner(s) : Mr. Pijush Kanti Biswas, Sr. Adv.
Mr. Rishiraj Nath, Adv.
Mr. Pujan Biswas, Adv.
For Respondent(s) : Mr. Soumyadeep Saha, Addl. P. P.
Date of hearing : 14.09.2026
Date of delivery of judgment : 24.09.2026
Whether fit for reporting : Yes
HON’BLE MR . JUSTICE BISWAJIT PALIT
Judgment & Order
The present revision petition under Section 397 read with
Section 401 of the Code of Criminal Procedure, 1973, has been
filed challenging the judgment dated 04.07.2025 passed by the
Learned Additional Sessions Judge, Gomati District, Udaipur,
whereby the judgment and order of conviction and sentence dated
13.09.2024 passed by the L earned Chief Judicial Magistrate,
Gomati District, Udaipur, in connection with PRC (WP) No . 118 of
2024, was upheld.
Page 2 of 20
2. Heard Learned Sr. Counsel Mr. Pijush Kanti Biswas,
assisted by Learned Counsel Mr. Rishiraj Nath and Mr. Pujan
Biswas, appearing on behalf of the petitioner-accused also heard
Learned Addl. PP Mr. Soumyadeep Saha , appearing on behalf of
the State-respondent.
3. At the time of hearing, Learned Senior Counsel appearing
on behalf of the petitioner-accused, first of all drawn the attention
of the Court to the contents of the FIR lodged by the alleged victim
and submitted that, on the basis of the FIR lodged by the alleged
victim, R.K. Pur Woman P.S. Case No. 14 of 2020 under Section
354 of the IPC was registered against the petitioner-accused.
4. After completion of investigation, the Investigating Officer
(I.O.) submitted charge-sheet against the present petitioner-
accused. Thereafter, the petitioner-accused stood trial before the
Learned Trial Court. Upon conclusion of the trial, the learned Trial
Court found the petitioner-accused guilty and convicted him
accordingly.
5. It was further submitted by Learned Sr. Counsel appearing
for the petitioner-accused, referring to the contents of the FIR and
the evidence on record, that none of the students who used to
pursue their studies at the residence of the present petitioner -
accused was cited as witness by the prosecution in this case. It
was further submitted that no study material was seized by the
I.O. during the course of investigation to substantiate the
allegation that the alleged victim had gone to the residence of the
Page 3 of 20
petitioner-accused on the alleged date for the purpose of taking
private tuition.
6. More importantly, it was submitted that, soon after the
alleged incident, the alleged victim did not report the matter to any
person in the vicinity, which, according to the Learned Sr. Counsel,
casts a doubt upon the version of the prosecution. It was further
submitted that the evidence adduced by the prosecution suffers
from material infirmities and contains contradictions on material
particulars. Referring the above, it was argued that there was no
sufficient basis to hold the petitioner-accused guilty of the alleged
offence. However, according to the Learned Sr. Counsel, the
learned Trial Court failed to properly appreciate the evidence on
record while delivering the judgment, and the Learned Appellate
Court also, without proper appreciation of the evidence on record,
affirmed the conviction and sentence awarded by the Learned Trial
Court. Hence, Learned Sr. Counsel urged for interference of the
judgment.
7. Thus, Learned Senior Couns el, in summing up his
submissions, submitted that the evidence adduced by the
prosecution suffers from material infirmities and that the
prosecution witnesses failed to give any specific evidence
establishing the involvement of the petitioner -accused in the
alleged commission of the offence. Accordingly, Learned Senior
Counsel urged that the judgment and order of conviction passed
by the learned Trial Court be set aside.
Page 4 of 20
8. On the other hand, Learned Additional Public Prosecutor,
Mr. S. Saha, appearing on behalf of the State-respondents, at the
very outset, drawn the attention of the Court to the statement of
the petitioner-accused recorded under Section 313 of the Cr.P.C.,
wherein he had categorically denied that he used to conduct
private tuition to any person. Apart from making a complete denial
of the allegations levelled by the prosecution, although the
petitioner-accused expressed his intention to adduce evidence in
support of his defence, ultimately, he failed to adduce any
evidence in support thereof. Furthermore, learned Additional Public
Prosecutor submitted that, despite the cross-examination of the
prosecution witnesses, the petitioner-accused could not create any
doubt in, or otherwise discredit, the evidence brought on record by
the prosecution witnesses.
9. It was further submitted that the evidence of the victim is
trustworthy and there is no reason to disbelieve her testimony. It
was further submitted that, at the time of the alleged occurrence,
the victim was alone to the alleged place of occurrence and,
therefore, there was naturally no occasion for any student to be
present or to be examined in support of the prosecution case. It
was also submitted that offences of such nature generally take s
place within the four corners of the wall and, therefore, it is quite
natural that the alleged offence was committed in the absence of
any independent public or witness.
Page 5 of 20
10. Learned Additional Public Prosecutor further submitted that
there was no plea on behalf of the petitioner -accused that any
enmity existed between the petitioner-accused and the family of
the victim. It was further submitted that the petitioner-accused
had not specifically denied the allegations made by the
prosecution. Summing up his submissions, Learned Additional
Public Prosecutor contended that the Learned Trial Court, as well
as the Learned Appellate Court, had rightly appreciated the
evidence on record and upheld the judgment of conviction passed
by the Learned Chief Judicial Magistrate. It was, therefore,
submitted that there was no infirmity in the judgment and order
passed by the Learned Additional Sessions Judge, Gomati District,
Udaipur.
11. Thus, Learned Additional Public Prosecutor, in summing up
of his submissions, urged that the present revision petition be
dismissed and prayed before the Court to uphold the judgment of
conviction and order of sentence passed by the Learned Additional
Sessions Judge, Gomati District, Udaipur. In support of his
contention, learned Additional Public Prosecutor relied upon a
judgment, which shall be discussed at a later stage.
12. Heard both the sides.
13. In the present case, the prosecution was set into motion
on the basis of an FIR lodged by the victim to the O.C. R.K. Pur
Women P.S. on 11.02.2020, alleging, inter alia, that she was a
student of Class XII at Brilliant Stars School. She was residing at
Page 6 of 20
Rajarapur and, like as on other days, on the date of the alleged
occurrence, she went to the residence of the petitioner-accused to
attend her Mathematics tuition. While the victim was attending the
tuition, the petitioner-accused allegedly started pulling her cheeks
then touched her thigh and suddenly pressed her breasts .
Thereafter, she stopped attending the tuition, returned home, and
informed her mother about the incident and hence she laid the
FIR.
14. On the basis of the FIR, R.K. Pur Women P.S. Case No. 14
of 2020 was registered under Section 354 of the IPC. The case was
thereafter investigated, and upon completion of the investigation,
the Investigating Officer submitted charge -sheet against the
present petitioner-accused. Before the Learned Trial Court, formal
charge under Section 354 of the IPC was framed against the
petitioner-accused. In order to substantiate the charge, the
prosecution examined in total seven nos. of witnesses. During the
course of investigation, on the prayer of the Investigating Officer,
the statement of the victim was also recorded under Section
164(5) of the Cr.P.C.
15. PW-1, victim (name withheld), deposed that she was
studying in class XII at Brilliant Star School in Udaipur. On
11.02.2020, at about 6:30 p.m., she went to the residence of the
petitioner-accused to attend her tuition. At that time, she noticed
that the other students who were supposed to attend the tuition
along with her were not present and, as such, she was alone there.
Page 7 of 20
Thereafter, her teacher, i.e. the petitioner -accused, started
teaching her Mathematics. However, all on a sudden, he pulled her
cheeks and then he kept his hand on her left thigh and suddenly
pressed her left breast. Immediately thereafter, she returned
home and informed her parents about the incident.
She further deposed that the ejahar was lodged on
11.02.2020 and that she had put her signature thereon. She
identified the ejahar, which was marked as Exhibit -P1, and also
identified her signature thereon, which was marked as Exhibit -
P1/1. She further stated that, during the course of investigation,
her statement was recorded before the Court under Section 164(5)
of the Cr.P.C. She identified the said statement, which, upon
identification, was marked as Exhibit-P2/1 and Exhibit-P2/2. She
also identified the petitioner-accused before the Court. Nothing
material could be elicited from her evidence except denial. She
further stated that she, along with three other students, used to
regularly take Mathematics tuition from the petitioner-accused.
16. PW-2 namely Sri Tapash Kr. Datta, is the father of the
victim, deposed that the victim had lodged a case against her
teacher, i.e. the present petitioner-accused. He stated that, like as
on other days, on 11.02.2020 at about 6:00 p.m., he had dropped
his daughter at the residence of the petitioner -accused for
attending tuition. After about an hour, he received a telephone call
from his wife, who asked him to return back home immediately.
Thereafter, he, along with his friend, namely, Ranjit Kr. Saha,
Page 8 of 20
immediately returned home and came to know from his daughter
that her teacher, i.e. the accused herein, had touched her cheeks,
thigh and also touched her breast. Thereafter, he informed the
matter to his brother-in-law, namely, Mintu Acharjee, and also to
his sister-in-law's husband, namely, Subrata Roy, about the
incident. Subsequently, they went to R.K. Pur P.S., and he
identified the accused in the dock.
During cross-examination, he stated that he had been
examined by the police in connection with the case. He, however,
admitted that he had not stated to the I.O. that, after receiving the
telephone call from his wife, he had returned back home along
with his friend, namely, Ranjit Kr. Saha. He further admitted that
he had not stated to the I.O. that, after receiving the information
from his daughter, he had informed his brother -in-law, namely,
Mintu Acharjee, and his sister-in-law's husband, namely, Subrata
Roy, about the incident and thereafter went to R.K. Pur P.S. for
lodging the complaint.
17. PW-3 namely Smti Tanusree Dey Datta, the mother of the
victim, deposed that on 11.02.2020 at 6 -6.30 pm her daughter
went to the residence of accused house for her tuition. But after
one hour her daughter returned back home hurriedly and stated
that while taking tuition, the accused misbehaved with her
daughter, he touched her cheeks, her thigh and also touched her
breast with bad intention. After that she informed this matter to
her husband over phone. Her husband along with his friend Mintu
Page 9 of 20
Acharjee rushed to the house and thereafter her husband along
with others went to the PS for lodging complaint against the
petitioner accused and identified the accused in the dock.
During the cross examination she stated that the house of
accused is situated in their locality. Her daughter and other
students also take tuition from the accused. Nothing more came
out relevant from her cross examination.
18. PW-4 namely Sri Ranjit Kr. Saha, is the friend of the father
of the victim, deposed that on 11.02.2020, at about 7:00–7:15
p.m., he was at Ramesh Chowmuhani along with the father of the
victim. At that time, the wife of Tapas Kr. Datta called him over
telephone and requested him to return home immediately.
Thereafter, this witness, along with Tapas Kr. Datta, rushed to his
house and found several local people gathered there in. He also
found Tapas Kr. Datta's daughter crying. Upon being asked, she
stated that, on that day, she had gone to the residence of her
private tutor, i.e. the present accused, for attending tuition and at
that time, no other students were present. Taking advantage of
the situation, her teacher, i.e. the accused herein, had allegedly
misbehaved with her and touched her cheeks, thigh and also
touched her left breast with bad intention. The witness identified
the accused in the dock.
During cross-examination, he stated that he had not been
examined by the police and, therefore, he had appeared before the
Court for the first time after the incident. He further admitted that,
Page 10 of 20
when they reached the house of Tapas Kr. Datta, approximately
10–15 persons were present there. He could not say whether the
accused had been manhandled by anyone. He further stated that,
after the incident, he came to know from the local people that the
accused was the Headmaster of a Government Higher Secondary
School and had been working as a teacher for more than 20 years.
He also stated that, prior to the alleged incident, he had never
heard of any such allegation against the petitioner-accused.
He further stated that he had no knowledge since when
the victim had been taking tuition from the accused or the amount
of tuition fees charged by him. He stated that the distance
between the residences of the accused and Tapas Kr. Datt a was
approximately 100 metres. He further stated that the accused had
been residing in the house of his father-in-law, namely, Shakti
Ranjan Roy Barman, who was also a renowned teacher and the
Secretary of Arunachal Sangha. Nothing further material could be
elicited from his cross-examination, save and except denial.
19. PW-5 namely Sri Mintu Acharjee, was declared as hostile
by the prosecution, and the relevant portion of his statement was
marked as Exhibit-P3. He further stated that he did not know any
person namely Bijoy Baidya.
During cross-examination, he stated that Tapas Kr. Datta
is the full-blooded brother of his wife.
Page 11 of 20
20. PW-6 namely Sri Subrata Roy, deposed that on
11.02.2020, at about 8:00 p.m., he and his wife were informed by
his wife's elder sister that some incident had occurred. Accordingly,
they immediately went to her house. On reaching there, he came
to know that the present accused had allegedly misbehaved with
the victim and touched her body. Upon being asked, the victim
also told him that, on that day, when she had gone to take tuition
from her teacher, i.e. the present accused herein touched her thigh
and her left breast. He stated that he had advised the parents of
the victim to approach the police and take necessary action against
the petitioner-accused.
During cross-examination, he stated that he knew the
accused, Bijoy Baidya, since their school days and that the accused
was a Government teacher. He reached the house of his wife's
elder sister at about 8:10 p.m. He could not say whe ther Bijoy
Baidya had been manhandled by anyone. He further stated that,
when he reached the house of the victim, he found the accused,
the parents of the victim, and the friends of the victim's father
present there in.
He was confronted with his statement recorded by the
I.O., wherein he had allegedly stated that, upon being asked by
him, the victim had told him that, when she went to the residence
of the accused, the accused had committed the alleged offence.
However, that portion of the statement was not found recorded in
Page 12 of 20
the statement of the witness. Nothing further material could be
elicited from his cross-examination.
21. PW-7 the IO of this case, she deposed that on 11.02.2020,
she was posted as WSI at R.K. Pur Women P.S. On that day, WSI
Ripita Bhattacharjee was the Duty Officer. The Duty Officer
received a written complaint from the victim, and the witness
identified the endorsement/receipt note made by the Duty Officer
thereon, which, upon identification, was marked as Exhibit -P1/1.
The printed FIR form was also filled up by the Duty Officer, which
the witness identified and was marked as Exhibit-P3.
Upon being entrusted with the investigation, she visited
the place of occurrence and prepared hand-sketch map along with
the index, which she identified and were marked as Exhibit-P4 and
Exhibit-P4/1, respectively. She examined the available witnesses
and recorded their statements under Section 161 of the Cr.P.C.
She also produced the victim before the competent Court for
recording her judicial statement, caused the arrest of the accused,
and proved Exhibit-P3.
During cross-examination, she stated that, as per the
printed FIR form, the complaint was registered on 11.02.2020 and
on the same day, she caused arrest of the accused. She further
stated that she had not mentioned in the case diary as to whether
the accused had been manhandled or not. She also stated that she
had not registered any case regarding the alleged manhandling of
the accused.
Page 13 of 20
She further stated that, on the alleged date of occurrence,
the accused was the Headmaster of East Photamati School. She
admitted that she had not made any enquiry either from the house
of the complainant or from the house of the accused regarding
private tuition in Mathematics. She also admitted that she had
neither examined any other student who used to take tuition along
with the victim, nor seized any study materials.
She further stated that witness Subrata Roy had not
specifically stated to her that he came to know about the alleged
incident from the victim, but had only stated that he came to know
about the fact after reaching the house of the victim.
She further stated that no complaint had been made to the
competent authority against the accused regarding his alleged act
of conducting private tuition. However, she volunteered that, on
the alleged date of occurrence, there was no other student
attending private tuition along with the victim.
These are the synopsis of the evidence on record of the
prosecution.
22. From the evidence on record, it appears that, on the
alleged day, the victim had gone to the residence of the present
petitioner-accused to attend private tuition in Mathematics and at
the time of the alleged incident, apart from the victim, no other
student was present there, and the victim herself has specifically
stated this fact in her evidence.
Page 14 of 20
23. It is quite natural that an occurrence of such nature takes
place in the absence of any independent person or eyewitness, and
such incidents generally occur within the four corners of the wall.
In the present case, soon after the alleged occurrence, the victim
returned back home and narrated the incident to her mother, who
thereafter informed the father of the victim and his friend. All
these persons appeared before the Court as witnesses and, in
material particulars, supported the version of the victim.
The petitioner-accused, despite cross -examining the
prosecution witnesses, could not bring out any material
contradiction or inconsistency so as to create a reasonable doubt
regarding the credibility of their evidence.
24. Although learned Senior Counsel, during the course of
hearing, submitted that the prosecution witnesses did not support
the version of each others. But upon careful analysis of the
evidence on record, it appears that the witnesses have, in a
clandestine manner, corroborated one another as well as the
version of the victim. As already stated, the present petitioner-
accused could not discard the credibility of their evidence in the
course of cross-examination.
25. PW-4 was declared hostile by the prosecution. Although
the prosecution could not derive any substantial benefit from his
evidence.
Page 15 of 20
However, the evidence of the other prosecution witnesses,
when considered as a whole, does not give rise to any ground to
disbelieve their testimony. The I.O. was also subjected to
extensive cross-examination; however, the petitioner -accused,
through the course of cross-examination, could not discard her
evidence.
More importantly, the petitioner-accused, in support of his
defence, could not specifically deny that he had been conducting
private tuition on the alleged date of occurrence.
26. Furthermore, during his examination under Section 313 of
the Cr.P.C., the petitioner-accused did not dispute this aspect.
Rather, he denied the prosecution allegations as well as the fact
that he was conducting private tuition. Learned Senior Counsel
appearing for the petitioner-accused took the plea that the
prosecution had failed to examine any student in support of the
version of the victim and had also failed to seize any study
material in the course of investigation. However, when the victim
herself had specifically stated that, at the time of the alleged
occurrence, apart from herself, no other student was present, so
the aforesaid plea of the petitioner-accused cannot be accepted.
The petitioner-accused also denied the other allegations levelled
against him.
27. Rather, the petitioner-accused fairly submitted that he had
no enmity with the family of the victim so as to suggest that he
had been falsely implicated in the case. He specifically stated that,
Page 16 of 20
after becoming the Headmaster in the year 2006, he had never
conducted any private tuition. However, it is noteworthy that,
except PW-4, Mintu Acharjee, the other prosecution witnesses
categorically stated that the petitioner-accused was conducting
private tuition. Whether conducting private tuition was in violation
of any Government circular or otherwise, constituted an offence or
not is not relevant for adjudication of the present case.
28. Learned Senior Counsel, during the course of hearing,
submitted that the prosecution had failed to explain why the
accused had gone to the residence of the victim. It was further
submitted that it might have been the case that, out of fear, the
petitioner-accused had gone to the residence of the victim soon
after the alleged occurrence. It was also pleaded that the
petitioner-accused had been manhandled. However, in this regard,
the Investigating Officer categorically stated that no such fact had
been brought on record or noted dur ing the course of
investigation.
29. During the course of hearing, Learned Additional Public
Prosecutor relied upon a decision of the Hon’ble Supreme Court of
India reported in (2004) 1 SCC 215, Vidyadharan v. State of
Kerala, wherein, in paragraphs 8 to 1 0, the Hon’ble Supreme
Court observed as follows:
“8. We shall first deal with the plea of false
implication. It is seen that though there was some
delay in lodging the FIR, it is but natural in a
tradition-bound society to avoid embarrassment,
which is inevitable when the reputation of a
woman is concerned. Delay in every case cannot be
Page 17 of 20
a ground to arouse suspicion. It can only be so
when the delay is unexplained. In the instant case
the delay has been properly explained. Further, PW
2 is an independent wi tness and a neighbour of
both the accused-appellant and PW 1. There is no
reason as to why he would falsely implicate the
appellant. A charge under Section 354 is one which
is very easy to make and is very difficult to rebut.
It is not that on account of e nmity false
implications are made. It would, however, be
unusual in a conservative society that a woman
would be used as a pawn to wreak vengeance.
When a plea is taken of false implication, courts
have a duty to make deeper scrutiny of the
evidence and decide the acceptability or otherwise
of the accusations. In the instant case, both the
trial court and the High Court have done that.
There is no scope for taking a different view.
9. In order to constitute the offence under Section
354 mere knowledge that the modesty of a woman
is likely to be outraged is sufficient without any
deliberate intention of having such outrage alone
for its object. There is no abstract conception of
modesty that can apply to all cases. (See State of
Punjab v. Major Singh [AIR 196 7 SC 63 : 1967 Cri
LJ 1] .) A careful approach has to be adopted by
the court while dealing with a case alleging
outrage of modesty. The essential ingredients of
the offence under Section 354 IPC are as under:
(i) that the person assaulted must be a woman;
(ii) that the accused must have used criminal force
on her; and
(iii) that the criminal force must have been used on
the woman intending thereby to outrage her
modesty.
10. Intention is not the sole criterion of the offence
punishable under Section 354 IP C, and it can be
committed by a person assaulting or using criminal
force to any woman, if he knows that by such act
the modesty of the woman is likely to be affected.
Knowledge and intention are essentially things of
the mind and cannot be demonstrated li ke physical
objects. The existence of intention or knowledge
has to be culled out from various circumstances in
which and upon whom the alleged offence is
alleged to have been committed . A victim of
molestation and indignation is in the same position
as an injured witness and her testimony should
receive the same weight. In the instant case after
careful consideration of the evidence, the trial
court and the High Court have found the accused
guilty. As rightly observed by the courts below,
Section 3(1)(xi) of the Act which deals with
assaults or use of force to any woman belonging to
a Scheduled Caste or Scheduled Tribe with the
intent to dishonour or outrage her modesty is an
aggravated form of the offence under Section 354
IPC. The only difference between Section 3(1)(xi)
and Section 354 is essentially the caste or the tribe
to which the victim belongs. If she belongs to a
Scheduled Caste or Scheduled Tribe, Section
Page 18 of 20
3(1)(xi) applies. The other difference is that in
Section 3(1)(xi) dishonour of such victim is also
made an offence. Section 448 provides for
punishment relating to house trespass. In order to
sustain the conviction under Section 448 IPC it
must be found that the intention of the accused
was to commit an offence or to intimidate, insult or
annoy the complainant. There must be unlawful
entry and there must be proof of one or the other
of the intentions mentioned in Section 441 IPC. In
the case at hand, evidence clearly establishes the
commission of offence punishable under Section
448.”
30. Referring to the aforesaid decision, Learned Additional
Public Prosecutor drawn the attention of the Court to the
observation that the existence of intention or knowledge has to be
inferred from the various circumstances in which, and the manner
in which, the alleged offence was committed. It was further
submitted that the testimony of a victim of molestation and
indignation stands on the same footing as that of an injured
witness and, therefore, her testimony deserves due weight and
consideration.
31. Referring to the aforesaid judgment, Learned Additional
Public Prosecutor further submitted that the alleged victim, in her
deposition before the Court, clearly and categorically stated as to
how the petitioner-accused had allegedly committed the offence
upon her in the absence of any other student. It was further
submitted, referring to the aforesaid judgment, that the Hon’ble
Supreme Court has observed that a careful approach has to be
adopted by the Court while dealing with a case alleging outraging
of the modesty of a woman.
32. In the case at hand, as already discussed, the prosecution
witnesses have, in clear and categorical terms, deposed regarding
Page 19 of 20
the involvement of the present petitioner-accused with the alleged
commission of offence. The petitioner-accused, despite extensive
cross-examination of the prosecution witnesses, could not create
any material doubt or bring out any circumstance sufficient to
discredit the evidence of the victim, her parents, or the other
independent witnesses.
33. Thus, it appears to this Court that the Learned Trial Court,
upon proper appreciation and analysis of the evidence on record,
rightly found the present petitioner-accused guilty of the alleged
offence and convicted him accordingly. The learned Appellate
Court, upon reappraisal of the evidence on record, also rightly
upheld the judgment and ord er of conviction passed by the
Learned Trial Court. Accordingly, this Court finds no perversity,
illegality, or infirmity in the judgment and order passed by the
learned Additional Sessions Judge, Gomati District, Udaipur.
34. It is also pertinent to note that, during examination under
Section 313 of the Cr.P.C., the petitioner-accused stated before
the learned Trial Court that he would adduce defence evidence in
support of his case. However, ultimately, he did not examine any
witness or adduce any evidence in support of his defence. Moreso,
the mere failure of the accused to adduce defence evidence
cannot, by itself, be treated as a circumstance establishing his
guilt; the prosecution must stand on its own evidence. In the
present case, as discussed hereinabove, the evidence adduced by
the prosecution has sufficiently established its case against the
petitioner-accused.
Page 20 of 20
35. Thus, upon hearing Learned counsel appearing for both
sides and on meticulous examination of the evidence on record, it
appears that the prosecution has successfully established the
charge levelled against the petitioner-accused. Accordingly, both
the Learned Courts below have rightly found the petitioner-accused
guilty of the alleged offence.
36. In the case at hand, upon hearing both sides and having
regard to the judgment of the Hon’ble Apex Court as well as the
evidence available on record, this Court finds no perversity,
illegality, or infirmity in the judgment and order passed by the
Learned Trial Court, which has been affirmed by the Learned
Appellate Court.
37. In the result, the revision petition filed by the petitioner-
accused stands dismissed, being devoid of merit. The petitioner -
accused is directed to surrender before the learned Trial Court on
12.10 .2026.
Let the record be sent down to the Learned Trial Court
along with a copy of this judgment / order.
With the aforesaid observations and directions, the present
Criminal Revision Petition stands disposed of.
Pending application(s), if any, also stand disposed of.
JUDGE
Satabdi
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