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2019 Supreme(Cal) 485

SHIVAKANT PRASAD
Md. Salim @ Shamim – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
P.S. Bhattacharyya, Ayan Basu, Debjani Sahu, Advocates.

JUDGMENT :

1. This appeal is directed against the judgment and order of conviction dated 23.02.2016 passed by Additional District & Sessions Judge, Fast Track Court No. 2, Sealdah, District- South 24-Parganas thereby convicting the accused person/appellant herein under Sections 392/397/411 of the Indian Penal Code, 1860 in connection with Sessions Trial No. 03(9) of 2011 arising out of Sinthi Police Station Case No. 03 dated January 17, 2008 under Section 392 of the Indian Penal Code, 1860 and sentencing the accused/appellant to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1000/- in default to simple imprisonment for two months for the offence punishable under Section 392 IPC. , R.I for seven years and to pay fine of Rs.1000/- in default S.I. for two months for the offence punishable under Section 397 IPC and further sentenced to RI for three years and to pay a fine of Rs. 1000/- in default to SI for two months for the offence punishable under Section 411 of the Indian Penal Code, 1860.

2. The brief facts leading to the instant appeal is that one Rakh Pal Singh Mehra @ Rikky of 113/1 Baruipara Lane, P.S.- Baranagar, Kolkata-35 on 17.01.2008 at 8.30 a.m. along-

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