LAWS(CAL)-2020-2-13

LITAN SARKAR Vs. STATE OF WEST BENGAL

Decided On February 06, 2020
Litan Sarkar Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal is against the judgment and order of conviction dated 12th July, 2016 passed by the learned Additional District & Sessions Judge, 2nd Court, Krishnagar, Nadia in Sessions Trial No. VII(V) of 2016 arising out of Sessions Case No. 11(03) of 2016 (Special) sentencing the appellant to suffer imprisonment for five years together with a fine of Rs.10,000/-, in default, to suffer further rigorous imprisonment for six months for the commission of offence punishable under Section 263 of the Indian Penal Code and further sentencing him to suffer imprisonment for 10 years and to pay a fine of Rs.50,000/- in default to suffer rigorous imprisonment for one year for the commission of offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012, both sentences being run concurrently.

(2.) Appellant committed to stand a trial before the Court of learned Additional District and Sessions Judge, 2nd Court, Krishnagar, Nadia in Sessions Trial No. VII (V) of 2016 arising out of 11(03) of 2016 (Special) to answer the charge framed against him, for commission of offences punishable under Section 363 of Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The prosecution examined as many as 12 witnesses and produced document in order to bring home the charge framed against the accused whereas the defence pleaded not guilty and claimed to be tried.

(3.) The learned trial Judge upon perusing the materials on record and the evidence adduced by the prosecution and after hearing respective submissions of the parties passed the impugned judgment and order of conviction and sentence as aforesaid.