Md. Abbas vs State of West Bengal - 2025 Supreme(Cal) 462

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 462

IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Md. Abbas – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Subham Ghosh, Mr. Mayank Roy, Mr. Subhranil Barman
For the State : Ms. Aditi Shankar Chakraborty, Ld. APP., Mr. Sourav Ganguly
For the de facto Complainant : Dr. Arjun Chowdhury, Ms. Pratusha Dutta Chowdhury, Ms. Sunayana Parveen, Ms. Riya Agarwal, Mr. Bappaditya Roy, Mr. Mantu Mondal

JUDGMENT :

Sabyasachi Bhattacharyya, J.:-

1. The present appeal and death reference arise out of the conviction of the appellant under Section 302 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children From Sexual Offences Act (POCSO Act), for both of which death sentence was awarded, under Section 363 of the IPC, for which rigorous imprisonment for seven years with fine of Rs. 5000/-, in default further rigorous imprisonment for a period of six months was awarded, and under Section 366 of the IPC, for which ten years of rigorous imprisonment and fine of Rs. 5000/-, in default, rigorous imprisonment for a further period of six months, was handed out. The sentences were directed to run concurrently.

2. The facts of the case are that the victim girl, who was about sixteen years of age and a school student at the time of her death, had gone to school on August 21, 2023. On her way back home, the appellant kidnapped the diseased, who was immature and a late learner, on his bicycle, took her to a lonely place at Motajote, on the land of one Samul Bagh's family, where he raped and murdered her brutally. According to the prosecution case, the appellant also tried to muti