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BIBEK CHAUDHURI
Rohit Pal – Appellant
Versus
State of West Bengal – Respondent


Counsel for the Parties:
For the Appellant:Mr. Kallol Mondal, Mr. Krishan Ray, Mr. Souvik Das and Mr. Anamitra Banerjee, Advocates
For the State:Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Ranabir Roy Chowdhury, APP., Ms. Faria Hossain and Mr. Sandip Chakraborty, Advocates
For the Amicus Curiae:Mr. Ayan Bhattacharjee, Advocate

JUDGMENT

Bibek Chaudhuri, J.—The appellant was convicted for committing offence punishable under Sections 448/354 of the Indian Penal Code and also under Section 8 of the Protection of Children from Sexual Offences Act. The Trial Court passed sentence of rigorous imprisonment for two (02) years and also to pay fine of Rs.10,000/- only, in default, simple imprisonment for six (6) months for the offence punishable under Section 8 of the POCSO Act. The learned Trial Judge also handed down punishment of fine of Rs.500/-, in default, to undergo simple imprisonment for one month for the offence punishable under Section 448 of the IPC. However, no separate sentence was passed against the appellant for the offence under Section 354 of the IPC in view of the punishment under Section 8 of the POCSO Act. The appellant has assailed the judgment and order of conviction and sentence in the instant appeal.

2. Gangajal Ghati Police Station Case No.33 of 2017 was registered on 31st May, 2017 under Section 448 of the IPC and Section 8 of the POCSO Act. On the basis of a written complaint subm

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