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2022 Supreme(Cal) 1073

JOYMALYA BAGCHI, BIVAS PATTANAYAK
Md. Israil – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Sourav Chatterjee, Advocate, Md. M. Nazar Chowdhury, Advocate, Ms. Priyanka Saha, Advocate, for the Appellant; Mr. Binay Panda, Advocate, Mrs. Puspita Saha, Advocate, for the Respondent.

JUDGMENT

Bivas Pattanayak, J. - This appeal is directed against the judgement dated 16.11.2016 and order dated 17.11.2016 passed by Additional District & Sessions Judge, 2nd Court, Raiganj, Uttar Dinajpur in Sessions trial no. 04(03)15 arising out of POCSO Case No. 43 of 2014, convicting and sentencing the appellant for offence punishable under Section 448 of the Indian Penal Code for simple imprisonment for a term of one year and to pay fine of Rs.1000/- in default to suffer simple imprisonment for two months; for offence punishable under Section 506 (part-II) of the Indian Penal Code to suffer simple imprisonment for a term of seven years and pay fine of Rs.5,000/-in default to suffer simple imprisonment for six months; and to suffer rigorous imprisonment for life and to pay fine of Rs. 10,000/- in default to suffer further rigorous imprisonment for six months for offence punishable under Section 6 of POCSO Act, 2012.

2. The prosecution case in brief is that the appellant used to come to the house of the victim for last 7/8 years and the appellant used to call the victim as 'grand-daughter'. Taking advantage of the absence of other family members namely brother, father and grand-mo

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