Sankar Barma vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 664

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Sankar Barma – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Subhasish Pachhal, Adv.
For the Respondent: Mr. Madhusudan Sur, Mr. Dipankar Paramanick, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. Appellant has assailed the judgment of conviction dated February 15, 2020 and the order of sentence dated February 17, 2020 passed by the learned Additional District and Sessions Judge, 4th Court, Asansol in Sessions Trial No. 39 of 2012 arising out of Sessions Case No. 53 of 2012.

2. By the impugned judgment of conviction, the learned judge has found the appellant to be guilty under Section 302/379 of the Indian Penal Code, 1860. The learned Trial Judge had acquitted the appellant of the charges under Section 376 and 411 of the Indian Penal Code, 1860. By the impugned order of sentence, learned Trial Judge has sentenced the appellant to undergo imprisonment for life and to pay a fine of Rs. 5,000 and in default to suffer further imprisonment of two months punishable under Section 302 of the Indian Penal Code, 1860 and to undergo six months imprisonment for committing the offence under section 379 of the Indian Penal Code, 1860.

3. The case of the prosecution at the trial had been that the appellant on April 7, 2012 in the mid night, nearby a pond at Korapara, Ranisayer under Raniganj Police Station, District-Burdwan, committed rape on the victim and th