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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Sk. Morsed Ali – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing of appellants (Para 1 , 2) |
| 2. prosecution's allegations and evidence presented (Para 3 , 4 , 18) |
| 3. reliability of minor witness's testimony (Para 5 , 6 , 7 , 23) |
| 4. contradictions and doubts regarding witnesses (Para 8 , 12 , 14) |
| 5. inquest report issues and implications for prosecution (Para 30 , 31 , 35) |
| 6. court's conclusion on prosecution failures (Para 36 , 37) |
| 7. order for release and compliance (Para 38 , 39 , 40 , 41) |
JUDGMENT :
RAJASEKHAR MANTHA, J.
1. The subject appeal is directed against the judgment of conviction dated 28th January, 2016 and order of sentence dated 29th January, 2016 passed by the learned Additional Sessions Judge, 3rd Court, Tamluk, Purba Medinipur in Sessions Trial No. 01(02)/2014 arising out of the Sessions Case No. 252(April)/2013.
2. The appellants were convicted for offenses punishable under Section 498A read with Section 34 of the IPC for 3 years simple imprisonment and a fine of Rs. 2,000/-. The appellants were also convicted and sentenced to suffer RI for life and fine of Rs. 5,000/- for the offence punishable under Section 302 read with of the IPC. The sentences were directed to run concurrently.
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