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Asit Kumar Ghose vs Commissioner Of Agricultural ... on 8 May, 1952

4. Mr. Sovendu Roy appearing with Mr. Bhaskar Chandra Manna, appearing on behalf of the appellant submitted that when in the trial the appellant was found not guilty of the offence punishable under Section 376 of the Indian Penal Code, his conviction under Section 417 of the Indian Penal Code cannot be sustained in law. He further submitted that the accused was acquitted of the charge under Section 376 of the Indian Penal Code as the court found that the defacto-complainant, who is an adult lady, was a consenting party. According to Mr. Roy as she was a consenting party, therefore no case under Section 417 of the Indian Penal Code can be said to have been made out as against him. Mr. Roy in support of his submissions relied upon several decisions viz. on the decision of Sukumar Ghose Vs. State of West Bengal, reported in 1985 (2)...., Raj Kumar Mondal Vs. The State of West Bengal & Anr., reported in 1992 Calcutta Criminal Law Reporter (Cal) 267, Hari Majhi Vs. State, reported in 1990 Cri.
Calcutta High Court Cites 34 - Cited by 21 - Full Document

Prabir Kumar Mondal vs State Of West Bengal And Anr. on 19 July, 2007

4. Mr. Sovendu Roy appearing with Mr. Bhaskar Chandra Manna, appearing on behalf of the appellant submitted that when in the trial the appellant was found not guilty of the offence punishable under Section 376 of the Indian Penal Code, his conviction under Section 417 of the Indian Penal Code cannot be sustained in law. He further submitted that the accused was acquitted of the charge under Section 376 of the Indian Penal Code as the court found that the defacto-complainant, who is an adult lady, was a consenting party. According to Mr. Roy as she was a consenting party, therefore no case under Section 417 of the Indian Penal Code can be said to have been made out as against him. Mr. Roy in support of his submissions relied upon several decisions viz. on the decision of Sukumar Ghose Vs. State of West Bengal, reported in 1985 (2)...., Raj Kumar Mondal Vs. The State of West Bengal & Anr., reported in 1992 Calcutta Criminal Law Reporter (Cal) 267, Hari Majhi Vs. State, reported in 1990 Cri.
Calcutta High Court Cites 7 - Cited by 1 - Full Document
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