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2024 Supreme(Cal) 481

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Sanjib Talukdar @ Chattu – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. Anjan Bhattacharya, Adv., Ms. Anita Shaw, Adv., Mr. Anjan Bhattacharya, Adv., Ms. Anita Shaw, Adv., Ms. Chandreyee Alam, Adv., Ms. Supria Ray Chowdhury, Adv., Mr. Syed Nasim Aejaz, Adv., Mr. Sankar Ghosh, Adv.
Amicus Curie : Mr. Partha Pratim Das, Adv.
For the State : Mr. Debasish Roy, Ld. PP., Mr. Neguive Ahmed, Ld. APP, Mr. Saryati Datta, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. Three appeals have been heard analogously as they emanate from the same impugned judgement of conviction and the order of sentence.

2. By the impugned judgement of conviction dated September 18, 2014 the learned Trial Judge had found the appellants guilty under Section 376D of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

3. By the impugned order of sentence, the learned Trial Judge had sentenced the appellants to undergo rigorous imprisonment for a term of twenty years for the offence punishable under Section 376D of the Indian Penal Code, 1860 and to pay a fine of Rs. 5000 each and in default to undergo further rigorous imprisonment for one year.

4. At the hearing of the three appeals, some of the appellants were unrepresented and consequently, we had appointed an amicus curiae.

5. Since the police case involved provisions of Section 376D of the Indian Penal Code, 1860 as well as Section 6 of the Protection of Children from Sexual Offences Act, 2012, we would be referring to the appellants in abbreviation, in this judgement. Appellant No. 1 of CRA 711 of 2014 is referred to as SD, Appellant N

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