Tek Fu Tsang vs Unknown
2022 Latest Caselaw 7656 Cal

18.11.2022 Item No.24 BR

CRR 2688 of 2008

In the matter of : Tek Fu Tsang

Mr. Ayan Bhattacharjee, Mr. Somdev Ash .... for the petitioner

Challenging the legality and propriety of the

judgment passed by the Additional District and Sessions

Judge, 7th Fast Track Court, Calcuta thereby affirming the

judgment and order of conviction passed by learned

Metropolitan Magistrate, 13th Court, Calcutta in Criminal

appeal No. 24 of 2006 the petitioner has filed this

application under consideration.

Mr. Ayan Bhattacharjee, learned counsel representing

the petitioner fairly submits that the petitioner has been

found guilty and sentenced to suffer simple imprisonment

for one month and to pay fine of Rs. 3,000/- in default to

suffer simple imprisonment for a period of one month and

also to pay sum of Rs. 80,000/- as compensation, the

petitioner made an unsuccessful attempt to get the order of

conviction reversed by preferring an appeal.

With all fairness Mr. Bhattacharjee , learned counsel

for the petitioner submits that considering the fact that

petitioner is suffering the agony of being convicted for more than 16 years, the sentence may be altered. It appears that

learned trial Court directed the petitioner to pay

compensation to the tune of Rs. 80,000/- and also learned

trial Court has imposed a fine of Rs. 3,000/- contrary to

the provision of Section 356(3) of the Cr P C . and not

permissible under the law.

Under such circumstances I am inclined to

alter the sentence imposed upon the petitioner .

Petitioner is directed to pay sum of Rs. 80,000/- to the

complainant within 30 days from this date, in default he

shall have to undergo sentence of imprisonment for one

month.

With this observation, the criminal revision is

disposed of.

Let a copy of the judgment be sent to the

learned trial Court for information and necessary action.

All parties are to act on the server copy of this order duly downloaded.

Urgent certified copy, if applied for therefore be made available upon compliance of requisite formalities.

(Siddhartha Roy Chowdhury, J.)