Rasomoy Biswas vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 969

IN THE HIGH COURT AT CALCUTTA
PRASENJIT BISWAS
Rasomoy Biswas – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellant : Mr. Arnab Chatterjee, Mr. Anisur Rahman, Mr. Dhanasree Biswas. Ms. Poulami Bose.
For the Respondent: Mr. Partha Pratim Das, Mrs. Manasi Roy.

JUDGMENT :

Prasenjit Biswas, J.

1. The instant appeal has been preferred at the behest of the appellant challenging the impugned judgment and order of conviction dated 03.05.2017 and 04.05.2017 passed by the learned Additional District and Sessions Judge, 2nd Court, Krishnagar, Nadia in connection with Sessions Trial No. IX(VIII) of 2016 arising out of Sessions Case No. 07(01) of 2015(Spl).

2. By passing the impugned judgment this appellant was found guilty for commission of offence punishable under Section 8 of the Protection of Children from the Sexual Offences Act, 2012 along with a fine of Rs. 25000/-, out of which 80% amount is to be paid to the victim as compensation under Section 357 Cr.P.C. and in default of payment, this accused shall have to undergo rigorous imprisonment for three months.

3. Being aggrieved by and dissatisfied with the said impugned judgment and order of conviction, the present appeal is filed by the present appellant.

4. In short, the narrative advanced by the prosecution may be stated as:

“The instant case was started on the basis of a complaint lodged by the defacto complainant (grandfather of the victim) stating, inter alia, that the incident of sexual as