The Tripura High Court has converted a six-month imprisonment sentence into a fine of ₹8,000 for a first-time offender convicted in a rash driving case. Justice Biswajit Palit passed the order while dismissing a criminal revision petition filed by Arjun Sarkar, observing that although the conviction did not warrant interference, a lenient view could be taken regarding the punishment considering his background.
Background
The case arose from an incident on October 28, 2021, when police personnel were conducting mobile duty in Udaipur, Tripura. According to the prosecution, the police received information that a Maruti Suzuki Alto was carrying contraband items towards Matabari.
When police personnel attempted to stop the vehicle near Bazar India, the driver allegedly ignored their signal and collided with an official Bolero vehicle belonging to the SDPO. The vehicle was subsequently chased and overturned near Peratia Forest drop gate. During the search, police recovered 55 bottles of foreign liquor.
Following the investigation, Arjun Sarkar faced trial. On November 16, 2023, the Chief Judicial Magistrate, Gomati District, convicted him under Section 279 of the IPC and Sections 179, 180 and 184 of the Motor Vehicles Act, imposing different terms of imprisonment and fines. The Sessions Judge upheld the conviction on August 5, 2024, prompting Sarkar to approach the High Court.
Before the High Court, the petitioner's counsel argued that the prosecution evidence contained contradictions and lacked independent witness support. The defence also requested that imprisonment be replaced with a fine.
However, Justice Biswajit Palit examined the testimonies of 13 prosecution witnesses and found that their evidence consistently supported the prosecution's version. The Court observed that cross-examination had not brought out any material circumstance sufficient to discredit their testimony.
The Court observed:
"After going through the evidence on record it appears to this Court that the Learned Trial Court after considering the materials on record rightly found the petitioner guilty which has been affirmed by the Appellate Court and as such in the considered opinion of this Court there is no scope to interfere with the judgment delivered by Learned Trial Court affirmed by Learned Sessions Court, Gomati District, Udaipur."
However, the Court also considered the petitioner's previous record and noted that there was no evidence showing that he had committed any offence earlier.
The judgment further observed:
"However, since there is no other evidence on record that the accused petitioner committed any offence earlier at any point of time so prima facie he is a first time offender. So some lenient view may be taken in respect of punishment imposed upon the petitioner."
The High Court rejected the criminal revision petition and maintained the conviction. However, considering the nature of the case and the petitioner's status as a first-time offender, it converted the imprisonment into a fine.
The Court directed Arjun Sarkar to pay a total fine of ₹8,000, comprising ₹1,000 under Section 279 IPC, ₹1,000 under Section 184 of the Motor Vehicles Act, ₹1,000 under Section 179 and ₹5,000 under Section 181 of the Act.
The amount was directed to be deposited before the Chief Judicial Magistrate, Gomati District, Udaipur, within 15 days.
In default of payment, he would have to undergo four months of imprisonment.
Case Details
Case Title: Arjun Sarkar v. The State of Tripura
Case Number: Crl.Rev.P.No.55 of 2024
Judge: Justice Biswajit Palit
Decision Date: 07 October 2026
