Dharmendra Choudhury & Ors vs Unknown
2021 Latest Caselaw 4788 Cal

13.09.2021

Court No.30 (gc)

IA No.: CRAN 1 of 2019 (Old No: CRAN 3895 of 2019) In CRA 453 of 2019

(Via video Conference)

In Re:- An application under section 389 of the Code of Criminal Procedure.

And In the matter of : Dharmendra Choudhury & Ors.

- Appellants.

With

CRA 451 of 2019

Mr. Atish Biswas, Ms. Maria Rahaman, ... For the Appellants/Petitioners. Mr. Saibal Bapuli, Ld. A.P.P., Mr. Bibaswan Bhattacharya, ... For the State.

This is an application for suspension of sentence and bail in

connection with the appeal filed in this Court against the order of

conviction and sentence passed in Special Trial 4(4) of 2019. The

charges are in relation to Sections 4 and 17 of the Protection of

Children from Sexual Offence Act, 2012 and Sections 3 and 5 of

Immoral Trafficking Act, apart from the offences under Sections

120B, 363,367,370,372 of the Indian Penal Code. The complaint

against the accused persons was that they indulged in trafficking

of innocent minor girls. Most of the girls picked up for trafficking

are from weaker section of the society. During trial, it transpired

that the accused No.5 runs a brothel and the other accused

persons are connected with the same trade. Medical and forensic

examinations suggest that there has been a sexual assault on the

minor girls. The appellants apparently did not dislodge or offer

plausible explanation for the custody of the minor girls or of

various incidents in relation to the conduct, behaviour and

movement of the said minor girls. The evidence of PW-15 clearly

establishes the involvement of the appellants in the trafficking of

innocent minor girls. The victims are poor and belong to the

weaker section of the society. Taking advantage of their poor

economic conditions and homelessness, the appellants have

indulged in trafficking of minor girls. On such consideration and

the evidence on record, the appellants were convicted.

On a reading of the judgment along with the other materials,

we are of the opinion that this is not a fit case for suspension of

sentence and release of the appellants on bail. However, our views

are prima facie and shall not influence the Appellate Court to

dispose of the appeal.

With the aforesaid observations, the application being CRAN

1 of 2019(Old No: CRAN 3895 of 2019) stands dismissed.

It appears that in CRA No.451 of 2019, this Court by the

order dated 30th August, 2019 stayed the realization of fine and

confirmed the bail granted by the learned Trial Judge. Accordingly,

we need not pass any further order in the aforesaid appeal.

All parties shall act on the server copies of this order duly

downloaded from the official website of this Court.

(Rabindranath Samanta, J.) (Soumen Sen, J.)