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2022 Supreme(Cal) 41

JOYMALYA BAGCHI, BIBHAS RANJAN DE
Amirul Gazi – Appellant
Versus
State Of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajdeep Mazumder, Advocate, Mr. Moyukh Mukherjee, Advocate, Mr. Pritam Roy, Advocate
For the Respondent:Ms. Anasuya Sinha, Advocate, Mr. Pinak Kumar Mitra, Advocate

ORDER :

Bibhas Ranjan De, J.

By this appeal under section 374 (2) of Code of Criminal Procedure Code, 1973, the appellant has challenged the Judgment dated 12.01.2017/13.01.2017, passed by 7th Additional Sessions Judge, Barasat, 24 Parganas (North) in Sessions Trial No. 02 (02) of 2013 whereby, the appellant has been convicted for the offences punishable under section 376, 363 and 366A of the IPC and sentenced to 7 years RI for the Offence Under Section 376 with fine of Rs.20,000/- and default RI for 10 months and sentenced to 5 years RI for the offence under Section 363 with fine of Rs. 5000/- and default RI for 3 months and also sentenced to 8 years RI for the Offence under section 366A of IPC with fine of RS. 20,000/-and default RI for 10 months, all the sentences are to run concurrently.

2. Prosecution case is that on 03.11.2010 victim, minor daughter of the complainant Shri Kalyan Kr. Ghosh, resident of village Ranihati, Deganga, Barasat, was kidnapped by the appellant while she had gone to answer nature's call at around 3 A.M. Complainant searched in all possible places but could not find her out.

3. On receipt of the written complaint on 03.11.2010 at about 22.45 hours instant c

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