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2021 Supreme(Cal) 537

JOYMALYA BAGCHI, BIVAS PATTANAYAK
Firoj Sk – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Deb Kumar Sharma, Adv.
For the Respondent: Ms. Zareen N. Khan, Adv. Ms. Amita Gaur, Adv.

JUDGMENT :

Bivas Pattanayak, J.

1. This appeal is directed against the judgement dated 18.03.2016 and order dated 19.03.2016 passed by Additional District and Sessions Judge, Fast Track 1st Court, Berhampore, Murshidabad in Sessions Trail no. 09(06)09 arising out of Sessions Serial no. 183 of 2009 convicting and sentencing the appellant for offence punishable under Section 498A of the Indian Penal Code for a period of 3 years and to pay fine of Rs. 1000/-in default to suffer simple imprisonment for a further period of one month and also for offence punishable under Section 302 of the Indian Penal Code for rigorous imprisonment for life and to pay fine of Rs. 10,000/-in default to suffer simple imprisonment for a further period of six months.

2. The prosecution case in brief is that on 09.11.2008, one Hayat SK lodged a complaint with officer-in-charge, Rejinagar Police Station with the allegation that his daughter namely Jannati Bibi, aged about 19 Years, was married to the appellant three months back and both of them stayed in his house in the intervening night of 08.11.2008 and 09.11.2008. At around 6 AM in the morning of 09.11.2008 his younger son discovered his elder sister Jannati

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