The State Of West Bengal v. Gulam Ashad And ANR

37 16.05.2023 Dd CRMSPL 24 of 2023 with IA No. CRAN 1 of 2023 In re : An application under Section 378(3) of the Code of Criminal Procedure, 1973.

In the matter of : The State of West Bengal .... ... Appellant Mr. Neguive Ahmed, Ms. Trina Mitra, Advocates ... ...For the Appellant/State In re : IA No. CRAN 1 of 2023 There is an application for condonation of delay. Department reports that there is no delay. We accept the report of the department that there is no delay in making the application.

IA No. CRAN 1 of 2023 is disposed of accordingly. In Re : CRMSPL 24 of 2023 State seeks to prefer an appeal from a judgment of acquittal. Charges against the accused were under Sections 395/397 of the Indian Penal Code, 1860. State states that eyewitness testimony amongst others was not correctly evaluated by the learned trial Judge.

CRMSPL 24 of 2023 is disposed of by permitting the State to file appeal within four weeks from date.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)