SANTOSH PANDEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A concise yet intriguing issue arises in this case: whether an accused possesses the right to withdraw an appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973--corresponding to Sec. 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, against an order of conviction.

(2.) This appeal has been preferred by the appellant against the order dated April 11, 2022, passed by the learned Additional District & Sessions Judge, 2nd Fast Track Court, Calcutta, whereby the learned Judge sentenced the appellant to undergo rigorous imprisonment for five years and to pay a fine of Rs.50,000.00 (Rupees Fifty Thousand only) for the offence under Sec. 489B of the Indian Penal Code, and, in default of payment of fine, to suffer further rigorous imprisonment for six months.

(3.) The appellant was further sentenced to undergo rigorous imprisonment for three years for the offence under Sec. 489C of the Indian Penal Code. Additionally, the appellant was directed to undergo rigorous imprisonment for five years and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand only) for the offence under Sec. 16 of the Unlawful Activities (Prevention) Act, and, in default of payment of fine, to suffer further rigorous imprisonment for two months.