In the High Court at Calcutta

Circuit Bench at Jalpaiguri

Criminal Appellate Jurisdiction

Appellate Side

The Hon’ble Mr. Justice Sabyasachi Bhattacharyya

And

The Hon’ble Mr. Justice Uday Kumar

D.R. No. 04 of 2024

With

CRA (DB) 56 of 2024

Md. Abbas

Vs.

The State of West Bengal

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

Heard on : 28.07.2025, 29.07.2025,

30.07.2025

Reserved on : 30.07.2025 Judgment on : 19.08.2025

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 im