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DEBANGSU BASAK, MD. SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. incident of rape and murder (Para 4 , 6) |
| 2. investigation by cbi (Para 5) |
| 3. conviction and sentencing (Para 7 , 8) |
| 4. cbi's objection to state's appeal (Para 9 , 10) |
| 5. state's authority to appeal (Para 11) |
| 6. discussion on legislative intent (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 7. central government's authority (Para 36) |
| 8. admission of cbi's appeal (Para 37 , 38 , 39 , 40 , 41) |
JUDGMENT :
MD. SHABBAR RASHIDI, J.
1. Two Criminal Appeals have been filed against the Judgment and Order of conviction dated January 18, 2025 passed by learned 1st Additional Sessions Judge, Sealdeh, South 24 Parganas, in Sessions Trial Case No. 1 (11) of 2024 corresponding to Sessions Case No. 177 of 2024 under Section 64/66/103(1) of Bhartiya Nyay Sanhita (BNS), 2023 as well as the corresponding order of Sentence dated January 20, 2025.
2. One of the appeals being GA No. 1 of 2025 has been filed at the behest of Government of West Bengal under Section 418(1) of Bhartiya Nagrik Suraksha Sanhita (BNSS) challenging the adequacy of the sentence passed against the convict seeking enhancement of punishment awarded
The Central Government is the competent authority to direct an appeal against inadequacy of sentence when the investigation is conducted by a central agency, as per Section 418 of BNSS.
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
Magistrate must mandatorily comply with Section 175(4) BNSS safeguards—report from public servant's superior and consideration of servant's assertions—before ordering FIR under 175(3) against officia....
When once case is put on trial against the accused and also some of the witnesses have been examined as PWs.1 to 18 and through them documents have been marked respectively, therefore, it cannot aris....
(1) Commission of offence by public servant in course of discharge of his official duty – Sub-section (4) of Section 175 is neither an independent / a standalone provision nor a proviso to sub-sectio....
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
An appeal does not lie under Section 21 of the NIA Act against an order framing charges. The court emphasized the limited scope of appeal allowed by the Act and the need to consider the purpose and c....
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