SANJIT SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The facts of this case raise issues touching upon Article 21 of the Constitution of India. The petitioner No. 2 - Anil Saha along with petitioner No. 1 - Sanjit Saha filed a common Special Leave Petition before this Court on 13/12/2018 challenging the judgment and order dtd. 5/7/2018 passed by the High Court at Calcutta passed in CRA No. 151 of 2014 with CRA No. 188 of 2014 : (AIROnline 2018 Cal 1692). The petitioners had challenged their conviction under Sec. 376(2)(g) of the Indian Penal code and the sentence of rigorous imprisonment for 10 years and the direction to pay a sum of Rs.20,000.00 as fine and in default to suffer imprisonment for six months.

(2.) The Special Leave Petitions were duly supported by an affidavit of Anil Saha - petitioner No.2 sworn on 13/12/2018. The Special Leave Petitions were accompanied with an application for exemption from surrendering.

(3.) The application for exemption from surrendering came up before the Learned Chamber Judge on 1/3/2019 when the following order was made, in the presence of the counsel for the petitioners:-