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2023 Supreme(Cal) 505

SIDDHARTHA ROY CHOWDHURY
Gaurav Bir Basnet @ Gaurav Basnet – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Bibaswan Bhattacharyya, Ms. Bindia Paul.
For the Respondents: Mr. Rahul Ganguly, Mr. A Santra, Mr. Joydeep Das, Ms. Sujata Das.

JUDGMENT :

(Siddhartha Roy Chowdhury, J.) :

1. This criminal appeal impeaches the judgment and order of conviction passed by learned Additional District and Sessions Judge, Fast Track, 7th Court, Alipore, South 24 Parganas in Sessions Case No. ST 04(3) 17 SC 29(8) 16 under Section 417/376 of the I.P.C. By the impugned judgment learned Trial Court recorded an order of conviction against Gaurav Bir Basnet for committing offence within the meaning of Section 417 of the I.P.C. and sentenced him to pay fine of Rs. 10,00,000/-out of which Rs. 8,00,000/-shall be paid to the victim as compensation and Rs. 2,00,000/-shall be deposited in the State Exchequer with a default clause of rigorous imprisonment for one year. Before entering into the merit of the appeal, I wish to point out that in a proceeding under Section 376/417 of the Indian Penal Code, learned Trial Court ought not to have disclosed the identity of the victim lady, which she has done. However, in this judgement identity of the victim shall not be disclosed and shall be referred to as “the victim Ms. X”.

2. Briefly stated, on 13th March, 2015, the victim lady informed the Officer-in-charge of Pragati Maidan Police Station in wri

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