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2020 Supreme(Cal) 385

SAHIDULLAH MUNSHI, SUBHASIS DASGUPTA
Subal @ Bhola Patra – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Mukteswar Maity, Advocate, Arun Kr Maity, Advocate, N.P. Agarwala, Advocate, Sreeparna Das, Advocate

JUDGMENT

Sahidullah Munshi, J. - This appeal is against the judgment and order of conviction dated 22nd September, 2015 and 23rd September, 2015 passed by the learned Additional District and Sessions Judge, 2nd Court, Tamluk, Purba Medinipur in Sessions Trial No. 13 (04) of 2014 arising from Sessions Case No. 545 (Sept) 2013 convicting the appellant under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'), and sentencing the appellant to suffer rigorous imprisonment for a period of 12 years and with fine of Rs.10,000/- in default to suffer simple imprisonment for another three years under Section 6 of the POCSO Act, 2012 (hereinafter referred to as 'POCSO Act').

    2. The short fact involved in this case is based on a written complaint made by one Maniklal Jana with the Officer-in-charge women Police Station at Contai, Purba Medinipur on 24th May, 2013 on the basis of which the above-mentioned P.S. Case No. 19/13 dated 24.05.2013, was initiated under Section 376(2)(h) of the Indian Penal Code read with Section 6 of the POCSO Act. According to the complaint case on 23rd May, 2013 the victim aged about 11 years was sleeping alo

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