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2023 Supreme(Cal) 358

TIRTHANKAR GHOSH
Riki Das @ Babai @ Goutam Das – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. Mrityunjoy Chatterjee, Mr. Manas Das, Mr. Debapriya Majumder.
For the Respondents: Mr. S.G. Mukherji, Mr. Imran Ali, Mrs. Debjani Sahu, Mr. Dipanjan Dutt, Mr. Surajit Saha.

JUDGMENT :

(Tirthankar Ghosh, J.) :

1. The present appeal has been preferred against the judgement and order of conviction and sentence dated 26.08.2021 passed by the Learned Special Judge, POCSO Court, Sealdah in Special Trial No. 05(12)2020 arising out of Special Case No. 40 of 2020 wherein the learned trial court was pleased to hold the appellant guilty for commission of offence under Section 12 of the POCSO Act and Section 66E of the Information and Technology Act, 2000(hereinafter referred to as the ‘I. T Act’) and sentenced him as follows:-

    1. imprisonment for three years and to pay fine of Rs.3000/- i.d., to suffer rigorous imprisonment for one month for the offence punishable under Section 12 of the POCSO Act.

2. for the offence punishable under Section 66E of the I.T. Act, imprisonment for three years and to pay fine of Rs.6000/-, in default to suffer rigorous imprisonment for two months.

2. The present case was initiated on the basis of a complaint lodged by the ‘X’ (hereinafter referred to as the ‘complainant’) with the Officer-in-Charge, Beliaghata Police Station on 20.09.2020. On such complaint being received by the Police Station, Beliaghata P. S. Case No. 188 dated 20-0

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