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2022 Supreme(Cal) 1217

SHAMPA DUTT PAUL
Santu Molla – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
T. K. Dhar, Advocate, Binoy Panda, Advocate, Puspita Saha, Advocate

JUDGMENT

Shampa Dutt (Paul), J. - The present appeal is against an judgment and order dated 27.09.2016 and 28.09.2016 passed by the learned Additional Sessions Judge, 7th Court, Barasat North 24 Parganas in connection with Sessions Trial No. 01 (07) of 2012 corresponding to Sessions Case No. 04 (02) 2012 thereby convicting the appellant for offence punishable under Section 493/376 of the Indian Penal Code, 1860, sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs. 10,000/- (rupees ten thousand), in default to suffer further rigorous imprisonment for further 6 (six) months for the offence punishable under Section 376 of the Indian Penal Code and was further sentenced to rigorous imprisonment for 5 (five) years and fine of Rs. 5,000/-, in default further rigorous imprisonment for 3 (three) months for the offence punishable under Section 493 of the Indian Penal Code. The sentence to run concurrently.

2. The prosecution case is that the daughter of the de-facto complainant aged about 16 years developed a love affair with the accused and took her away to the house of his friends and relatives on assurance of marriage. Later the de-facto complainant came to

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