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2023 Supreme(Cal) 1506

CHITTA RANJAN DASH, PARTHA SARATHI SEN
Probhat Purkait @ Provat – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Malay Bhattacharyya, Subhrajyoti Ghosh, Dibakar Sardar
For the Respondents: P.K. Datta, Ashok Das, S.D. Roy,
For the Victim Girl : Shibaji Kumar Das, Soumyajit Das Mahapatra, Rupsa Sreemani, Madhuraj Sinha

JUDGMENT :

Chitta Ranjan Dash, J.

1. This appeal arises out of judgment dated 19.09.2022 and order of sentence dated 20.09.2022 passed by Additional Sessions Judge cum Special Judge (under POCSO Act), Baruipur, South 24 Parganas in Special Sessions Trial No. 03 of 2022 arising out of Special (CIS) No. 97 of 2018. The appellant has been convicted under Section(s) 363 and 366 IPC and Section 6 of the POCSO Act. The sentence awarded by learned Trial Court is rigorous imprisonment for 20 years and fine of Rs.10,000/- in default to suffer further rigorous imprisonment for 2 months under Section 6 of POCSO Act. Separate sentences have been awarded under Section(s) 363 and 366 IPC with an order for concurrent running of sentences so awarded.

2. Before proceeding to discuss the prosecution case and the evidence, we feel it prudent to mention here that we noticed a rustic lady with a rumpled saree and unkempt hair, looking more aged than her age standing in a corner of the Court with a baby in her arms. She would be present in the Court from the time of sitting of the Court at 10:30 A.M. and she would be there till the rising of the Court sometime even beyond the Court hours. We watched he

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