Crl.Rev.P./425/2024 of BINITA SEAL Vs THE STATE OF ASSAM AND ANR. on 8 March 2026

ORDER

Date : 09.03.2026

Heard Mr. M.H. Rajbarbhuiyan, learned counsel for the petitioner. Also heard Ms. S. Naznin, learned counsel for the respondent No.2 and Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State.

2. The challenge made in this petition is to the order dated 22.08.2024 passed in Crl.A. No.224/2017.

3. The crux of the matter is that there was an allegation against the petitioner that during an argument, which resulted into a fight, the petitioner, herein, had thrown a stone on a minor girl, which injured her on the forehead, causing a lacerated wound of 1 cm x ½ cm over right forehead and in the opinion of the doctor the same was simple in nature caused by blunt object.

4. The learned Trial Court after considering all the evidence on record had found the petitioner to be guilty of offence under Section 323 IPC and required her to pay a fine of Rs.1,000/-. The fine amount, if deposited, was to be given to the victim of the case. The informant in the matter had filed an appeal, registered as Crl.A. 224/2017 in the Court of learned Additional Sessions Judge No.1 Kamrup(M) Guwahati.

5. On the appeal being taken up for consideration, the learned Appellate Court had found the sentence to be not commensurate with the gravity of the offence and therefore required the petitioner to appear before the Trial Court again and the Trial Court was directed to consider the circumstances, the extenuations and the aggravations, the nature of the offence etc., an pass an appropriate sentence in accordance with law against the petitioner herein.

6. The learned counsel for the petitioner has submitted that the petitioner is presently suffering from ailments and therefore, he is under instruction that in case this Court deems it appropriate for an enhancement of the punishment by way of fine, it would also suffice the matter instead of requiring the petitioner to undergo ordeal of appearing before the learned Trial Court again to face a higher sentence. The learned counsel for the respondent No.2 in all fairness states that an enhancement in the punishment would suffice the ends of justice in the matter.

7. The learned Additional Public Prosecutor has suggested that since a child of around 10 years of age has been hit by an adult, the matter would may require an enhancement, and therefore an enhancement if ordered by this Court and if it is satisfied by the petitioner by depositing the fine in the manner required under law, the ends of justice could be met in the present case.

8. This Court has considered the submissions made by the learned counsel for all the parties. Having regard to the nature of grievance raised, the injury inflicted and the time that has already been passed, this Court is of the opinion that ends of justice would be met if the petitioner herein accused in GR

No.10999/2011 and the respondent No.3 in Crl.A. No.224/2017, is directed to deposit a sum of Rs.3,000/- as fine before the learned Trial Court, which fine on realization shall be granted to the victim.

9. The learned counsel for the petitioner has submitted that the petitioner has already deposited a sum of Rs.1,000/- which had been required by the Trial Court to be deposited. If such be the case, the petitioner shall deposit another sum of Rs.2,000/- before the Trial Court on or before 01.04.2026, which shall be released to the victim.

10. Criminal Revision petition stands disposed of.

JUDGE Comparing Assistant