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2023 Supreme(Cal) 349

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Srikanta Dhara – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Niladri Sekhar Ghosh, Sompurna Chatterjee, Sourov Mondal.
For the Respondents: Zareen N. Khan, Md. Kutubuddin, Arup Sarkar.
For the Complainant : Jayanta Narayan Chatterjee, Moumita Pandit, Nandini Chatterjee, Supreem Naskar, Jayashree Patra, Ritushree Banerjee, Pritha Sinha.

JUDGMENT :

MD. SHABBAR RASHIDI, J.

1. The appeal is directed against the judgment of conviction dated December 20, 2018 and order of sentence dated December 21, 2018 passed by the learned Judge, Special Court under the Protection of Children from Sexual Offences Act, Serampore, Hooghly in Sessions Trial No. 09/2017 arising out of Special Case (P) No. 19/2017.

2. By the impugned judgment of conviction and order of sentence, the appellant and another accused were convicted for the offences punishable under Section 376D of the Indian Penal Code and Sections 6 and 12 of the Protection of Children from Sexual Offences Act, 2012. They were sentenced to rigorous imprisonment for 20 years each and a fine of Rs. 50.000/- and in default of payment of fine to undergo simple imprisonment for a further period of three months, for the offence punishable under Section 376D of the Indian Penal Code as well as of the Section 6 of the POCSO Act, 2012. They were also sentenced to rigorous imprisonment for 3 years each and a fine of Rs. 10.000/- nd in default of payment of fine to undergo simple imprisonment for a further period of one month, for the offence punishable under Section 12 of the POCSO Act,

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