Rup vs The State Of West Bengal & Anr
2023 Latest Caselaw 6538 Cal

28    26.09.
       2023                     CRA (SB) 163 of 2023
 Ct
237
                                 Nihar Ranjan Sana
rup                                      Vs.
                           The State of West Bengal & Anr.


                    Mr. Ranadeb Sengupta,
                    Mr. Nirmalya Dhara,
                    Mr. Sachit Talukdar
                    Mr. Tirtharat Ghoshal
                                            ... for the appellant.


               1.

The appeal has been filed challenging the judgment

and order of conviction dated 25.08.2023 passed by

the learned Additional Sessions Judge, Special Court,

POCSO, Barasat, North 24 Parganas in connection

with Sessions Trial Case No. 02(12) of 2014, whereby

learned Judge found the appellant guilty of

committing offence under Section 8 of the POCSO Act

read with Section 354A of the Indian Penal Code and

sentenced him to suffer rigorous imprisonment for

three (03) years and also to pay fine of Rs.10,000/-, in

default, to suffer further simple imprisonment for six

(06) months for the offence punishable under Section

8 of the POCSO Act and also sentenced to suffer

rigorous imprisonment for two (02) years and also to

pay fine of Rs.5,000/-, in default, to suffer further

simple imprisonment for three (03) months for the

offence punishable under Section 354A of the Indian

Penal Code.

2. Heard learned counsel appearing on behalf of the

appellant and also perused the judgment.

3. The appeal is admitted.

4. Issue usual notices.

5. Trial Court Record be called for.

6. 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.

7. Realization of fine amount be stayed in the meantime.

8. Learned counsel appearing on behalf of the appellant

has prayed for confirmation of bail already granted to

the appellant. The prayer for conformation of bail is

considered and allowed. Appellant is to submit fresh

bond of Rs.20,000/-(twenty thousand) with two

sureties of Rs.10,000/- (ten thousand) each, one of

whom must be of local to the satisfaction of the

learned Special Judge (POCSO) Court, Barasat, North

24 Parganas.

(Bibhas Ranjan De, J.)