LAWS(CAL)-2020-6-51

SHYAMAL GHOSH Vs. STATE OF WEST BENGAL

Decided On June 23, 2020
SHYAMAL GHOSH Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal is against the judgment of conviction and order of sentence dated 28.08.2014 passed by the learned Additional Sessions Judge, 3rd Court, Hooghly in Sessions Trial No. 1(1)/2013 (Sessions Case no. 297/2012), thereby convicting the appellant under charges for commission of offence punishable under Section 376 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand) only, in default, to suffer rigorous imprisonment for a further period of six months.

(2.) The prosecution case in a nutshell is that one Sarbani Bhattacharya, Inspector-in-charge of AHCU of CID, West Bengal lodged a written complaint on 02.08.2012 before the Officer-in-charge of Gurap Police Station, District Hooghly to the effect that on 01.08.2012 she along with CID team together with a number of Government Officials and few others visited Jana Sikhsha Prachar Kendra for interrogation of the inmates of Dulal Smriti Sansad, Gurap, as the inmates of Dulal Smriti Sansad, shifted to the said home for safe custody on 12.07.2012. The team had been to the Home, Jana Sikhsha Prachar Kendra, Jangipara in connection with Gurap PS case no. 57 dated 11.07.2012 under Section 302/201/34 IPC.

(3.) The appellant was placed on trial before trial Court to answer charges for commission of offences punishable under Section 376 of Indian Penal Code in connection with Sessions Trial No. 11 of January, 2013 Sessions Case no. 297 of 2012.