Mihir Das v. State Of West Bengal & ANR.
01.02.2023 Item No.17 BR CRR 853 of 2011 In the matter of : Mihir Das .......peti tioner Mr. Provash Bhattacharya, Mr. Mirza Ahmed Begg ..... for the State This criminal revision is directed against the judgment and order passed by learned Aditional District and Sessions Judge, 2nd Fast Track Court of BichaR Bhavan , Calcutta in criminal appeal No. 83 of 2009 whereby learned appellate Court was pleased to modify the sentence imposed upon the petitioner for simple imprisonment of six months which was reduced to simple imprisonment of one month. The order of conviction however is maintained. Concurrent finding of learned courts below do not inspire me to interfere with the order of conviction.
So far the sentencing part is concerned, I am of the view that the petitioner should be directed to pay compensation to the opposite party/ complainant to the tune of Rs. 3 lacks instead of Rs. 2,25,000/- in default, he will have to suffer simple imprisonment for
two months. The impugned order passed by learned appellate Court is thus modified .
With this observation the criminal revision is disposed of.
Learned trial Court is directed to secure the presence of petitioner to make him comply with the order passed by this Court, if he does not comply it within four weeks from date.
Copy of this order be sent down to the learned trial Court for information and necessary action. Urgent certified copy ,if applied therefor, be supplied upon compliance of usual formalities. ( Siddhartha Roy Chowdhury, J. )