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

HON’BLE JUSTICE CHAITALI CHATTERJEE DAS.

CRA 76 OF 2009 MITHUN PAUL VS THE STATE OF WEST BENGAL For the Appellant : Ms. Tannistha Bandyopadhyay, Adv.

For the State : Ms. Sujata Das, Adv.

Last heard on : 28.01.2026 Judgement on : 27.03.2026 Uploaded on : 27.03.2026 CHAITALI CHATTERJEE DAS:-

1. This application under Section 374(2) of the Code of Criminal Procedure, 1973 is filed against the judgement and order dated November 29, 2008 passed by learned Additional Sessions Judge, Fast Track Court I krishnanagar, Nadia in Sessions case no. 40(7) 2006 by the applicant has been convicted under Section 376 of the Indian Penal Code and sentenced him to suffer for 7 years and to pay a fine of ₹2000 in default to rigorous imprisonment for three months.

Brief resume of the case

2. In order to set the police in motion a complaint was lodged by the victim, alleging against the applicant that on July 23, 05 at 5:30 PM, the accused called her to his house with on the plea he would marry her when nobody was present in their house and then he made her lying on the court, stripped and raped her as a result she suffered b