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2018 Supreme(Cal) 71

DEBI PROSAD DEY
Parimal Mallick @ Prasanta Mallick @ Pore – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Kamalesh Chandra Saha, Ms. Payal Mitra, Mr. Md. Nauroj Rahber
For the Respondent: Mr. Ayan Basu, Mr. Saryati Datta

JUDGMENT :

DEBI PROSAD DEY, J.

1. This appeal is directed against the judgment and order of conviction dated 14.09.2016 and 15.09.2016 delivered by learned Additional Sessions Judge, 7th Court, Barasat, North 24 Parganas in sessions trial no. 05(7) of 2013 arising out of sessions case no. 09(5) of 2013 whereby and where under learned trial Judge has convicted the appellant for the offence under Section 376 of the Indian Penal Code and sentenced him to suffer Rigorous Imprisonment for 7 years and to pay a fine of Rs. 10,000/- in default to suffer further Rigorous Imprisonment for 6 months.

2. Being aggrieved by and dissatisfied with such judgment this appeal has been preferred to this Court on the ground that the prosecution could not explain properly in respect of delay in lodging the First Information Report and that the prosecution also could not produce any reliable witness to establish the charge against the appellant and that learned trial Judge has erroneously come to a conclusion that the appellant is guilty for the offence under Section 376 of the Indian Penal Code. Learned Advocate appearing on behalf of the appellant contended that the alleged occurrence took place as per th















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