IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:-

HON’BLE JUSTICE CHAITALI CHATTERJEE DAS.

GA 32 OF 1996 STATE OF WEST BENGAL VS PROBHAS KUMAR DAS For the Appellant/State : Ms. Faria Hossain, Adv.

Mr. Anand Kesari, Adv.

For the Respondent : Mr. Milon Mukherjee, Adv.

Mr. Dattatreya Dutta, Adv.

Last heard on : 13.11.2025 Judgement on : 11.12.2025 Uploaded on : 12.12.2025 CHAITALI CHATTERJEE DAS, J. :-

1. This criminal appeal was filed with the leave to appeal on behalf of the State of West Bengal under Section 278(3) of the Code of Criminal Procedure, 1973, from an order of acquittal dated 4th March, 1995, in respect of the charge under Section 324 of the Indian Penal Code, passed by the Learned Additional Judge at Barasat District-24 Parganas North, for setting aside the said order of acquittal.

Prosecution case

2. The prosecution case was that on 22 March 1984 at about 7:30 or 7:45 PM while proceeding towards their residence, two accused persons, namely Prabhas Das a local resident and his companion Sameer threw acid to them, resulting serious acid burn injury. The two sisters on being injured raised hue and cry and the neighbouring people rushed to the