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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Tarak Nath Jana – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Jayanta Narayan Chatterjee, (Amicus Curiae), Mr. Avishik Sinha, (Amicus Curiae), Mr. Saryati Datta, Advocate
For the Respondent: Mr. Rana Mukherjee Ld. APP :Ms. Sujata Das, Advocate, Mr. Neguive Ahmed, APP, Ms. Z.N. Khan, Ms. Trina Mitra, Advocate

JUDGMENT

Md. Shabbar Rashidi, J.—Two appeals were filed by the same convict against the same judgment and order of sentence by learned trial court. By our order dated February 28, 2024, the appeal CRA 186 of 2014 being second in point of time was directed to be treated as an appeal by the appellant in CRA 614 of 2013. We propose to dispose of both the appeals as one.

2. The appeal is directed against the judgment of conviction dated March 22, 2013 and order of sentence dated March 25, 2013 passed by learned 4th Additional Sessions Judge, Fast Track Court, Paschim Medinipur in Sessions Trial No. XXXIV/May-2012.

3. The case of the prosecution in a nutshell is that the de facto complainant lodged a written complaint with the Kharagpur Police Station on January 17, 2012. It was stated by the de facto complainant that he gave his daughter in marriage with the accused/convict about 2 ½ years ago. At the time of such marriage, the de facto complainant gave a cash of Rs. 2 lakh, 10 bhoris of gold ornaments and furniture. It was further stated that after such marriage, the daughter of de facto complainant came to her father’s house only once when she was carrying for 9 months. She was not all

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