Samir Paul VsThe State of Tripura

Deepak Gupta, C.J.—This criminal revision petition is directed against the judgment dated 02-04-2009 delivered by the learned Additional Sessions Judge, Belonia, South Tripura in case No. Criminal Appeal No. 2(1) of 2009 whereby he dismissed the appeal of the present petitioner and upheld the judgment dated 17-12-2008 passed by the learned Sub-Divisional Judicial Magistrate, Belonia, South Tripura in case No. G.R. 233 of 2005 whereby he convicted the petitioner for having committed an offence punishable u/s 379 of the Indian Penal Code (IPC) and sentenced him to suffer rigorous imprisonment for 2(two) years and to pay a fine of Rs. 1,000/- (rupees one thousand) and in default of payment of fine to undergo further simple imprisonment for one month. However, the conviction of the appellant u/s 411 of the IPC has been set aside.

The allegations against the petitioner are that on 31-10-2005, Smt. Sima Roy (PW-5) was walking on the road along with her mother Smt. Shefali Saha (PW-1). It is alleged that the accused came from behind and snatched the gold necklace from the neck of Smt. Sima Roy. He was apprehended soon thereafter by the other witnesses and the gold chain was also recovered.

It is urged by Sri B.N. Majumder, learned counsel for the petitioner, that the complainant-mother and her daughter have falsely implicated the accused and made the statement against him because of prior enmity. The case set up by the accused is that PW-5 had an affair with the brother of the accused and when she got married, some dispute arose between the parties.

I am unable to accept this argument because why would a married woman many years after her marriage falsely implicate the brother of the person she was allegedly having affair with, that too when there is no specific allegation against the accused that there was any dispute with the accused-brother.

Sri Majumder, learned counsel, then pointed out that the recovery of the gold chain has not been properly proved by the prosecution and he submits that there are material contradictions in the prosecution case with regard to the recovery. Whereas some of the witnesses state that the recovery was made from the accused immediately after the occurrence, some witnesses state that the recovery was made from the road after some time and some state that it was made from the Panchayat office. It is true, as pointed out by Sri Majumder, that there are some contradictions with regard to the recovery. However, even if it is not proved on record that the gold chain produced is the one which was stolen, there is no reason why the statement of PW-1 and PW-5 who are the victims should not be believed. Similarly, the statement of PW-7 is that he immediately after the occurrence heard the cries of the two ladies. They told that one person had snatched a chain and run towards Munshi Para. Thereafter, PW-7 along with some others apprehended the accused at Munshi Para with the gold locket. Even assuming that the gold locket was not recovered, the fact is that they had apprehended the accused and he was identified by the victim at that time also. Similar is the statements of PW-8 and PW-11 with regard to the apprehension of the accused.

Even if the recovery is not proved, the statement of the other witnesses clearly proves that the accused snatched the gold chain from the person of PW-5. Therefore, there is no manner of doubt that he is guilty of having committed an offence punishable u/s 379 of the IPC.

At this stage, Sri Majumder, learned counsel, states that the accused is 40 years of age, he has a wife and a 15 year old son. The occurrence had taken place almost 9 (nine) years back and, therefore, he prays that the benefit of probation be granted to the petitioner.

I am also of the view that the petitioner may be granted probation on certain terms and condition including doing some social service. However, before any such order is passed, let the report of the Probation Officer be called for. Therefore, the Probation Officer, Belonia, South Tripura is directed to submit his report as to whether Shri Samir Paul, S/o. Shri Ananta Kumar Paul, resident of Village West Pepariakhola, P.S. P.R. Bari, Belonia, South Tripura District should be released on probation or not.

A copy of this order be sent to the Probation Officer, Belonia, South Tripura who may submit his report latest by 17th November, 2014.

List the matter on 17-11-2014.