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2023 Supreme(Cal) 239

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Imam Hossain – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Appellant:Manjit Singh, Gaganjyot Singh, Biswajit Mal, Abhishek Bagal, Akbar Laskar, Advocates.
For the Respondent:Partha Pratim Das, Manasi Roy, Advocates.

JUDGMENT

Debangsu Basak, J.

1. The appellant has assailed the judgement of conviction dated August 2, 2021 and the order of sentence dated August 4, 2021 passed by the Learned Chief Judge, City Sessions Court at Calcutta in Sessions Trial No. 03 (11) of 2018 arising out of Sessions Case No. 47 of 2018.

2. By the impugned judgement of conviction dated August 2, 2021, the appellant has been convicted under Section 489B and 489C of the Indian Penal Code, 1860. By the impugned order of sentence, the appellant has been sentenced to suffer rigorous imprisonment for 10 years for the offence committed by him under Section 489B of the Indian Penal Code, 1860 and pay a fine of Rs. 1 lakh, in default to suffer rigorous imprisonment for a further period of one year and to suffer rigorous imprisonment for 7 years for the offence committed by the appellant under Section 489C of the Indian Penal Code, 1860 and to pay a fine of Rs. 1 lakh, in default to suffer rigorous imprisonment for a further period of one year.

3. The case of the prosecution at the trial has been that, the appellant on June 26, 2018 at about 21:05 hours was at a shop “Ashrafi Service Centre” at 29B, Chandi Chawk Street, Kolkata an

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