237 vs The State Of West Bengal
2023 Latest Caselaw 5375 Cal

08    21.08.
       2023                      CRA (SB) 134 of 2023
 Ct                            Prosenjit @ Prasenjit Bera
237                                      Vs.
                              The State of West Bengal
rup
                     Mr. Nitish Samanta,
                                                       ... for the appellant.
                     Mr. Binay Panda,
                     Mr. Subham Bhakat.                   ... for the State.

This appeal has been filed assailing the judgment

and order of conviction passed by the learned Additional

Sessions Judge Cum Judge, Special Court (POCSO),

Haldia, Purba Medinipur in connection with ST Case No.

05(04) of 2022 whereby appellant was found guilty and

sentenced to suffer rigorous imprisonment for one year

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

rigorous imprisonment for one month for committing

offence under Section 12 of the POCSO Act.

Having heard learned counsel appearing on behalf

of the appellant as well as considering the judgment, I

find that there is scope for reappreciation of evidence.

The appeal is admitted.

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.

It is also prayed for enlarging the appellant on bail

already granted by learned Additional Sessions Judge

invoking provision of Section 389 of the Code of Criminal

Procedure on 19.07.2023.

Perused the order, the appellant is directed to

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

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

satisfaction of the learned Additional Chief Judicial

Magistrate-(II) Haldia.

All parties to this appeal shall act on the server

copy of this order downloaded from the official website of

this Court.

(Bibhas Ranjan De, J.)