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

The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 19 of 2014 Imam Hossain @ Emam Hossain -Vs-

The State of West Bengal For the Appellant : Mr. Soham Banerjee (Amicus Curiae)

For the State : Mr. Bidyut Kumar Roy Ms. Rita Dutta Heard on : 05.03.2024, 02.05.2024, 04.09.2024 Judgment on : 22.04.2025 Ananya Bandyopadhyay, J.:-

1. This appeal is preferred against judgment of conviction dated 21.12.2013 and order of sentenced dated 23.12.2013 passed by Learned Additional Sessions Judge, 2nd Court, Malda in Sessions Case No.111/2013, corresponding to Sessions Trial No.16/2013 in G.R. Case No.5330/2012, arising out of Baishnabnagar P.S. Case No.307/2012 dated 11.12.2012, thereby convicting the appellant for commission of offence under Section 489C of the Indian Penal Code, 1860 and thereby sentencing the appellant to suffer rigorous imprisonment for 4 years and a fine of Rs.30,000/- in default to suffer rigorous imprisonment for a further period of 1 year for commission of offence under Section 489(C) of the Indian Penal Code.

2. The prosecution case precisely stated that complainant P.S.I. Bitul Paul attached to