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2009 Supreme(Cal) 8

GIRISH CHANDRA GUPTA, KISHORE KUMAR PRASAD
State of West Bengal – Appellant
Versus
Srikanta Hazra – Respondent


Advocates Appeared:
Subroto Ghosh, Arati Ghosh, Nirmal Roy Chowdhury for the appellant:
Y. J. Dastoor, Prabir Majumdar for the State.

JUDGMENT

Kishore Kumar Prasad, J.: This appeal is directed against the judgment and order dated 14.5.1986 passed by the ld. Additional Sessions Judge, First Court, Midnapur in sessions trial case No. XI of September, 1985 convicting the appellant for the offences punishable under section 376/325 of IPC. The appellant was heard on the question of sentence and thereafter by an order passed on the same day that is on 14.5.1986 he was sentenced to suffer rigorous imprisonment for 8 years for the offence punishable under section 376 of IPC. He was also sentenced to suffer rigorous imprisonment for 4 years for the offence punishable under section 325 of IPC. The sentences awarded to the appellant were ordered to run concurrently.

2. Being aggrieved by the orders of conviction and sentence passed by the ld. Trial Court, the appellant has preferred the present appeal.

3. Prosecution version as unfolded during trial in a nutshell is as follows.

4. The prosecutrix (P.W.1) was the resident of Village Brajnathchak, within the limits of Haldia Police Station. The prosecutrix was an unmarried lady aged below 16 years at the time of alleged occurrence. The appellant belonged to Rairaichawk within the

































































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