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2022 Supreme(Cal) 448

TIRTHANKAR GHOSH
Sakshi Gopal Das – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Dipanjan Chatterjee, Ms. Sonali Das, Ms. Puja Kar, for the Appellant; Ms. Faria Hossain, Mr. Anand Kesari, for the Respondent

JUDGMENT

2. Tirthankar Ghosh, J. - The present appeal has been preferred against the judgment and order of conviction and sentence dated 21.12.2018 and 24.12.2018 passed by the Learned Additional District & Sessions Judge, Ranaghat, Nadia in Sessions Trial No. 3(06)2010 corresponding to Sessions Case No. 31(02)/2009 arising out of Ranaghat Police Station Case No.274 of 2008 dated 01.09.08 under Section 376(f) of the Indian Penal Code The genesis of the case relates to a complaint lodged by PW2 (hereinafter referred to as 'the complainant') with the Inspector-in-charge, Ranaghat Police Station. The complainant claimed that Sakshi Gopal Das was a neighbour in Beltala, Nasra and that he used to come to the complainant's paternal house, and that on 30.08.2008 said Sakshi Gopal Das (accused/appellant) came to their house and invited them to puja. On the said date when the complainant along with her daughter went to the house of the accused/appellant on the occasion of 'Sani Puja' and stayed there in the night. On 31.08.2008 at about 1.30 pm at noon her minor daughter 'X' aged about 7 years 11 months was missing and reasonable search did not yield any result. However, after sometime she f

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