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2020 Supreme(Cal) 239

SAHIDULLAH MUNSHI, SUBHASIS DASGUPTA
Shib Shankar Kisku – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Md Sarwar Jahan, Advocate, Md Ashraful Huq, Advocate, Firoze Hassan, Advocate, Mousumi Mitra, Advocate, Arun Kumar Maity, Advocate, Narayan Prasad Agarwala, Advocate

JUDGMENT

Subhasis Dasgupta, J. - This criminal appeal is against the order of conviction and sentence. Learned Additional Sessions Judge, 2nd Court, Purulia, by his order of conviction dated 22.08.2014 and sentence dated 25.08.2014, in Sessions Trial No. 9 of 2010, arising out of Sessions Case No. 34 of 2014, convicted the accused/appellant after holding him guilty for offence under Section 376/448/506 (Part-1) of Indian Penal Code, and sentenced him to suffer ten (10) years rigorous imprisonment with a fine of Rs.5000/- (rupees five thousand), in default to suffer rigorous imprisonment of one (1) year for the first count, and six (6) month for the offence under second count, and one (1) year for the offence under third and last count. The established facts during trial may be mentioned here for addressing the issue raised in this appeal most effectively, which may be mentioned as hereinbelow.

2. A tribal girl belonging to Santal community perusing her study in class VIII of a school was physically violated by accused of tribal community living in the same village on 7th Ashar 1415 B.S. corresponding i.e. 22.06.2008, getting her alone in home during day time. The accused/appellant s

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