237 vs The State Of West Bengal & Anr
2023 Latest Caselaw 5362 Cal

06    21.08.
       2023                     CRA (SB) 129 of 2023
 Ct                            Sk. Allauddin @ Ali
237                                      Vs.
                           The State of West Bengal & Anr.
rup
                    Ms. Sreyashee Biswas,
                    Ms. Puja Goswami
                                              ... for the appellant.

Heard learned counsel appearing on behalf of the

appellant and perused the judgment assailed in this

appeal.

Considering the scope of reappreciation of evidence,

the appeal is admitted. Issue usual notices.

Trial Court Record be called for.

After arrival of the Lower Court Record, if it is

found, otherwise in order, the formal paper book shall be

prepared within six weeks thereafter.

Realization of fine amount be stayed in the

meantime.

From the judgment, it is found that the appellant

was found guilty of committing offence under Section 8 of

the Protection of Children from Sexual Offences Act, read

with Section 354 of the Indian Penal Code and he was

sentenced to suffer simple imprisonment for 3 yeas and

to pay fine of Rs. 5000/-, in default to suffer further

simple imprisonment for 2 months from the offence

under Section 8 of the POCSO Act and he was enlarged

on bail invoking Section 389 of the Code of Criminal

Procedure.

Considering all facts and circumstances particularly

the short-term imprisonment, the appellant is directed to

furnish a fresh bail bond of Rs.20,000/- with two sureties

of Rs.10,000/-, one of whom must be local to the

satisfaction of the learned Chief Judicial Magistrate,

Paschim Bardhaman and further on condition to meet

the Officer-in-Charge Jamuria, Police Station, Paschim

Bardaman once in a fortnight. Any violation shall

warrant cancellation of bond by the learned Chief

Judicial Magistrate, Paschim Bardhaman.

Liberty is given to the appellant to make necessary

correction in the cause title.

(Bibhas Ranjan De, J.)