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Judgments of Supreme Court of India and High Courts

Sri Swapan Konar vs The State Of West Bengal & Anr on 20 June, 2019

1

In The High Court At Calcutta
Criminal Revisional Jurisdiction
20.6.19

CRR 1333 of 2019
Sri Swapan Konar
v.

The State of West Bengal Anr.

Mr. Sabir Ahmedd
Mr. Amal Kumar Saha
Mr. Iresh Paul
… for the petitoner.

Mr. Subroto Roy
… for the State.

In this revisional application the petitioner has challenged the judgement and order dated

April 30, 2019 passed by the learned Additional Sessions Judge, 1st Court at Bankura in

connection with Criminal Appeal No. 10 of 2018 partly affirming the judgement and order dated

March 28, 2018 passed by the learned Judicial Magistrate, 6th Court at Bankura in G.R. Case No.

876 of 2014 ( T.R. Case No. 934T of 2014).

The Judicial Magistrate, 6th Court, Bankura in the referred case convicted the petitioner

for offences punishable under Sections 324/Section354 IPC and sentenced him to suffer RI for two years

for the offences punishable under Section 324 IPC, 1860 and sentenced him to suffer RI for one

year for offence punishable under Section 354 IPC and to pay a fine of Rs. 2,000/- in default to

suffer simple imprisonment for one month. The learned Appellate Court below partly allowed the

appeal and the conviction under Section 324 IPC was maintained as against the appellant/

accused person the petitioner herein. However, conviction and sentence under Section 354 IPC

was set aside and accordingly the appellant/petitioner herein was sentenced to suffer RI for one

year and to pay fine in default to suffer further RI for one month for committing offences under

Section 354 IPC.

2

Mr. Sabir Ahmed, learned advocate appearing for the petitioner submits by inviting my

attention to the evidences of the prosecution offences, particularly the medical evidence adduced

PW-4 which is categorically stated in his cross-examination that whatever deposed was deposed

on the basis of the photo copy and the medical report does not bear his signature. A doubt has

been created to this fact that the learned Judge has failed to consider that the photocopy of the

medical report has been admitted in the evidence without its proper proof.

Let Rule be issued calling upon the opposite parties herein to show cause as to why

judgement and order dated April 30, 2019 passed by the learned Additional Sessions Judge, 1st

Court at Bankura in connection with Criminal Appeal No. 10 of 2018 affirming the judgement

and order dated March 28, 2018 passed by the learned Judicial Magistrate, 6th Court at Bankura

in G.R. Case No. 876 of 2014 (T.R. Case No. 934 of 2014) shall not be set aside.

Let LCRs be called for.

In the meantime, pending the hearing of this revisional application challenging the

judgement impugned and there shall be a stay of the judgement and order of conviction and

sentence till the haring of the revisional application.

List the matter eight weeks hence.

sh ( Shivakant Prasad, J.)

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