In The High Court At Calcutta
Criminal Revisional Jurisdiction
CRR 1333 of 2019
Sri Swapan Konar
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.
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.)