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2022 Supreme(Cal) 346

JOYMALYA BAGCHI, ANANYA BANDYOPADHYAY
Premanath @ Premanath Dutta – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Anirdam Jana, for the Appellant; Ms. Zareen N Khan, Ms. Amita Gaur, for the Respondent

JUDGMENT

Ananya Bandyopadhyay, J. - The instant appeal is preferred against the judgment and order of conviction dated 18.07.2018 and 19.07.2018 passed by Ld. Additional Sessions Judge, 2nd Court, Serampore, Hooghly in sessions Trial No. 15 of 2015 arising out of sessions case no. 38 of 2015 convicting the appellant under Section 376 (2)(1) of the Indian Penal Code (for short IPC) and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 10,000/- in default to suffer rigorous imprisonment for one year more.

2. The prosecution case emanated from a complaint dated 13.10.2014 wherein the complainant Ranjana Sadhukhan being the mother of the victim stated that she had been a widow residing permanently in the village of Rajbalhat of Rajbalhat-2 Gram Panchayat under Jangipara P.S., Hooghly. On 11th of October, 2014 she accompanied her younger daughter for private tuition at about 3 pm leaving her 19 years old physically challenged elder daughter at home. On her exit from the house the victim was taken to Kali Charan Samsan by Premanath Dutta, a neighbour in the locality enticing her with an ice-cream who thereafter raped her. At about 4 p.m., on her return the complainant

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