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2017 Supreme(Online)(Cal) 20

IN THE HIGH COURT AT CALCUTTA
S.P. Talukdar, J
Rajib Biswas v. State of West Bengal


Advocates:
For the Appellants/Petitioners: Mr. Debabrata Acharyya
For the Respondents: Mr. Ayan Basu

Table of Content
1. conviction based on victim's identification and prosecution's case. (Para 2 , 3 , 4)
2. argument regarding the doubt on witness identifications. (Para 5 , 6)
3. court validates identification process despite flaws noted. (Para 7 , 20 , 21)
4. prosecution proved its case beyond reasonable doubt. (Para 29)
5. final decision to dismiss the appeal. (Para 30)

1. By consent of the parties, both the appeals are taken up for hearing without preparation of the Paper books. Lower court records have been received.

2. The appeals are directed against judgement and order dated 8th September, 2016 passed by the learned Additional Sessions Judge, 17th Court, Alipore, South 24 - Parganas convicting the appellants for commission of offence punishable under S.394 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for four years and to pay a fine of Rs.2,000/- each, in default, to suffer rigorous imprisonment for two months more.

3. The prosecution case as alleged against the appellants is as follows:

4. One Anita Dasgupta (PW2) lodged a written complaint with the Officer - in - charge, Garfa Police Station on 9th August, 2012 alleging that two unknown miscreant

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