Ganesh Das v. State Of West Bengal

23.12.2021 sdas rejected CRA 228 of 2020 (CRAN 1 of 2021) (via video conferencing) In Re : An application under Section 389 of the Code of Criminal Procedure.

And In Re : Ganesh Das .... appellant Mr. Ayan Bhattacharya Mr. Avik Ghatak Ms. Afreen Begum ....... for the appellant Mr. Saibal Bapuli, learned APP Mr. Bibaswan Bhattacharyya ..... for the State Learned Counsel appearing for the appellant prays for suspension of sentence.

Learned Counsel appearing for the State opposes the prayer for suspension of sentence and submits that the victim who was aged around nine years was sexually assaulted by the appellant.

We have considered evidence of the victim which receives corroboration from other evidence on record.

In view of the aforesaid fact and the gravity of the offence, we are not inclined to suspend the sentence of the appellant.

Accordingly, the application being CRAN 1 of 2021 is rejected.

Paper books be prepared within eight weeks from the date of receipt of lower court records.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)