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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Binod Banik – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Prabir Majumder, Advocate, Mr. Snehansu Majumder, Advocate, Mr. Avisek Chatterjee, Advocate, Ms. Sangeeta Chakraborty, Advocate
For the Respondents:Mr. S.S. Imam, Advocate, Mr. Sandip Kundu, Advocate

JUDGMENT

Ajay Kumar Gupta, J.—The instant appeal has been assailed by the appellant against the judgment and order of conviction dated 30.03.2016 and 31.03.2016 passed by the Assistant Sessions Judge, 2nd Court, Krishnanagar, Nadia in Sessions Trial No.XI of March, 2013 arising out of Sessions Case No. 92(2) of 2013 convicting the appellant under Section 376/417 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for 10 years and also sentenced to pay a fine of Rs.50,000/-, in default, to undergo rigorous imprisonment for a period of six months for the offence punishable under Section 376 of the I.P.C. and further sentenced to suffer rigorous imprisonment for one year and also to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for three months for the offence punishable under Section 417 of the I.P.C. Both the sentences shall run concurrently.

2. Gist of the prosecution case is that on 03.09.2009 an F.I.R. was lodged under Section 420/120B/417/323 of the I.P.C. against the appellant as per the direction passed by the Learned Chief Judicial Magistrate, Nadia arising out of a Court complaint made by the victim girl under Section 156(3) of

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