Anup Rishi vs Unknown
2022 Latest Caselaw 5352 Cal

 45    11.08.2022
(AD)
       Court No.29
                                               CRA 376 of 2021



                     In Re: - An petition of appeal under Section 374(2) of the Code of
                     Criminal Procedure, 1973.
                                                      And


                     In the matter of: - Anup Rishi
                                                                                ...Appellant.

                     Mr. Dipanjan Dutt
                                                                  ... for the Appellant.


                        By the order dated March 2, 2022, the anxiety of disclosing the

                     identity of the victim was expressed.

                        There is a judgment of the Coordinate Bench reported at 2022

                     SCC Online Calcutta 1283 (Prafulla Mura vs. State of West Bengal &

                     Anr.) where directions were issued to prevent the disclosure of the

                     identity of the victims concerned.

                        In such circumstances, the appellant will add the victim in the

                     manner as provided for in Prafull Mura (supra).

                        The judgment of conviction and order of sentence demonstrates

                     that a fine was imposed upon the appellant with a portion of the

                     fine being directed to be paid to the victim. Therefore, a right in

                     favour of the victim at least to the extent of the portion of fine to be

                     paid to the victim being awarded accrued in favour of the victim on

                     the anvil of which the victim should be afforded an opportunity of

                     hearing.

                        Learned Advocate-on-record for the appellant is granted liberty

                     to amend the cause-title.
    Appellant will serve a copy of the application for the appeal

upon the respondents including the added respondent and file an

affidavit of service to such effect on the next date.

List CRA 376 of 2021 on August 29, 2022.

(Debangsu Basak, J.)

(Bibhas Ranjan De, J.)