Rohit Pal vs State Of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 130

BIBEK CHAUDHURI
Rohit Pal – Appellant
Versus
State Of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Kallol Mondal, Adv., Mr. Krishan Ray, Adv., Mr. Souvik Das, Adv., Mr. Anamitra Banerjee, Adv.
For the Respondent: Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Ranabir Roy Chowdhury, App., Ms. Faria Hossain, Adv., Mr. Sandip Chakraborty, Adv.

ORDER :

Bibek Chaudhuri, J.

The appellant was convicted for committing offence punishable under Sections 448/354 of the Indian Penal Code and also under Section 8 of the Protection of Children from Sexual Offences Act. The Trial Court passed sentence of rigorous imprisonment for two (02) years and also to pay fine of Rs. 10,000/- only, in default, simple imprisonment for six (6) months for the offence punishable under Section 8 of the POCSO Act. The learned Trial Judge also handed down punishment of fine of Rs.500/-, in default, to undergo simple imprisonment for one month for the offence punishable under Section 448 of the IPC. However, no separate sentence was passed against the appellant for the offence under Section 354 of the IPC in view of the punishment under Section 8 of the POCSO Act. The appellant has assailed the judgment and order of conviction and sentence in the instant appeal.

2. Gangajal Ghati Police Station Case No.33 of 2017 was registered on 31st May, 2017 under Section 448 of the IPC and Section 8 of the POCSO Act. On the basis of a written complaint submitted