HIRAN BISWAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These appeals arise out of the common judgment of the learned Session Judge, Sepahijala, Tripura rendered in Case No. Sessions Trial (Type-II) 10 of 2017. According to the prosecution version as emerging in the First Information Report lodged by complainant Smt. Jhulan Das her daughter (hereinafter to be referred to as a victim) was aged about 16 years on the date of incident i.e. 07.01.2017. Accused No.1, Jutan Biswas used to misbehave with the lady. On the date of incident which happened to be a Saturday, the victim was returning home on a bicycle from school. She however, did not reach home. Upon search made by the family members her bicycle was found abandoned on the roadside. Further inquiries revealed that the accused No.1 Jhutan Biswas had forcibly taken away the minor daughter of the complainant on his motorcycle forcing her to sit behind him. It was later on revealed that the said accused No.1 was aided by accused Nos. 2 to 4 namely his father, mother and relative respectively. An FIR was lodged with a nearby police station who rescued the victim girl from Bishramganj and handed over the custody to the complainant. Similar incidence of misbehaviour had also taken place in the past. On the ground that her previous complained dated 8.1.2017 was not traceable, according to the complainant a fresh written complained was made on 9.1.2017 before a concerned police station. It appears that since no further steps were taken by the police, the complainant filed a private complained before the concerned Judicial Magistrate on 3.2.2017 alleging commission of offences punishable under Section 366A, Section 109 read with Section 34 of IPC.

(2.) A charge was framed by the learned Additional Sessions Judge, Sonamura alleging that all the accused in furtherance of their common intention had forcibly kidnapped the victim girl aged about 16 years with an intent to marry such girl or will be forced or seduced to illicit intercourse with accused No.1 and thereby all the accused had committed offence punishable under Section 366A read with Section 34 of IPC. By the impugned judgment, the learned Sessions Judge convicted all accused for offence under Section 366A read with Section 34 IPC. He sentenced the accused No.1 Jhutan Biswas to rigorous imprisonment of five years and order to pay fine of Rs.10,000/-. The rest of the accused were sentenced to rigorous imprisonment of three years and order to pay fine of Rs.5,000/-. The accused No.1 has filed Criminal Appeal (j) No. 63 of 2019 to challenge the said judgment whereas the remaining accused had challenged the said judgment in Criminal Appeal No. 41 of 2019.

(3.) We may record the gist of evidence. The complainant was examined as PW-1. She deposed that on 22.4.2015 her daughter returned from the school at about 2 O'clock in the afternoon told her and her father that on her way back Jhutan Biswas (accused No.1) had caught her and tried to restrain her. She somehow managed to escape. Her husband immediately took up the issue with the members of the Panchayet. During a meeting all the accused in presence of the local residence had assured that such incident shall not occur in future. Accused No.1 had confessed and apologized for his behaviour.