PANKAJ KUMAR MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) I have heard Ms. Saini Das, learned Advocate for the appellant as Amicus Curiae and Mr. Narayan Prasad Agarwal, learned Advocate assisted by Ms. Subhasree Patel, learned Advocate for the State.

(2.) This appeal arises out of the judgment and order of conviction and sentence passed by the learned Judge, Second Special Court, Nadia, Krishnagar in Special Court Case No. 4 of 1985 whereby the appellant, Pankaj Kumar Mallick @ Pankaj Mallick was convicted for commission of offence punishable under Sec. 409 of the Indian Penal Code and sentenced to suffer simple imprisonment for three years and to pay a fine of Rs.2,000.00, in default, to suffer further simple imprisonment for one year only.

(3.) The prosecution case, in short campus, may be delineated as under :-