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2022 Supreme(Cal) 162

BIBEK CHAUDHURI
Pralay Dasgupta @ Chhotku – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Aritra Bhattacharyya, Advocate.
For the Respondent:Ranabir Roy Chowdhury, APP., Mirza Firoj Ahmed Begg, Advocate.

JUDGMENT :

1. In the instant appeal the accused persons have challenged the order of conviction and sentence under Sections 376/511 and Section 342 of the Indian Penal Code in Sessions Trial No.17 of 1985 arising out of Sessions Case No.101 of 1984 handed down by the learned Sessions Judge, Purulia.

2. The appellant No.1 was directed to suffer imprisonment for 7 years for committing offence under Sections 376/511 of the Indian Penal Code and the appellant No.2 was directed to suffer sentence of rigorous imprisonment of one year for committing offence under Section 342 of the Indian Penal Code, IPC in short.

3. Purilia Town Police Station Case NO.6 dated 12th May, 1984 was registered under Sections 376/448/342/506 of the IPC against the accused persons on the basis of a written complaint submitted by one Chitaranjan Dutta. It is alleged by the de facto complainant that his daughter, aged about 8 years at the relevant point of time went to fetch water from Manbhom Sports Association (M.S.A.) on 12th May, 1984 at about 9:30/10:00 a.m. At that time accused Pralay Dasgupta @ Chhotku called her and took her inside the office room of MSA. Then he closed the door and windows of the said room,

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