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Showing contexts for: section 442 indian penal code in Sri Biswajit Debnath vs The State Of Tripura on 7 April, 2021Matching Fragments
Page - 6 of 11 absence of proof of house trespass an accused cannot be punished under Section 448 IPC. It is further argued by Mr. Acharjee that house trespass is defined under Section 442 IPC. Section 442 IPC contemplates that whoever commits criminal trespass is said to commit house trespass and criminal trespass as defined under Section 441 IPC denotes that whenever a person enters into the property in possession of another to commit an offence he can be said to have committed criminal trespass. Learned counsel therefore, argues that there is no evidence against the petitioner that he entered into the house of the informant to commit an offence and in these circumstances his conviction under Section 448 IPC is not sustainable.