Calcutta High Court (Appellete Side)
Pratap Digal vs Unknown on 5 March, 2026
55. 05.03.2026
Court
No.8 (Tanmoy)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL APPELLATE JURISDICTION
IA NO: CRAN/2/2025
In
CRA (DB)/25/2025
In Re: - An application under Section 389 of Cr.PC, 1973 /
Section 430 of BNSS, 2023.
In the matter of - PRATAP DIGAL
...applicant/appellant.
Mr. Lord Chatterjee
Mr. Madhuparna Chakraborty
...for the applicant/appellant.
Mr. Joydeep Roy, Jr. Govt. Adv.
Ms. Baishakhi Chatterjee
...for the State.
Mr. Amit Ranjan Pati
...for the victim.
Dictated by Arijit Banerjee, J.
1. The applicant says that he is in custody for about four
years. He has been convicted under Sections
376(2)(f)/328/342/506 of the Indian Penal Code, 1860 and
Section 6 of the Protection of Children from Sexual
Offences Act, 2012 and has been sentenced to suffer
rigorous imprisonment for 20 years. He now prays for
suspension of sentence.
2. We have heard learned Counsel for the parties for some
time. There appears to be an arguable case on both sides.
Hence, we propose to hear out the appeal by treating the
application for suspension of sentence as an informal
paper book. We are told that all relevant papers have been
annexed to the application.
2
3. List the appeal and the connected application being IA No:
CRAN/2/2025 as the first hearing item on March 11,
2026.
4. The department shall make available in Court the Trial
Court Records (TCRs) which the department has received
from the Trial Court as would appear from the
departmental note dated January 16, 2026.
5. The case diary in relation to Serampore Police Station Case
No. 104/12 dated 08/03/12 produced in Court today by
learned Counsel for the State, be retained with the records.
(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)