SUJIT DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal under Section 374(2) of the CrPC from the judgment and order dated 06.09.2018 delivered in case No.ST(STB)04 of 2016 by the Asst. Sessions Judge, South Tripura, Belonia. By the said judgment, the appellant has been convicted for committing offence punishable under Section 366 of the IPC. Pursuant to the said conviction, by the order dated 06.09.2018, the appellant has been sentenced to suffer rigorous imprisonment for 10(ten) years and to pay fine of Rs. 50,000/-with default stipulation. It has been also observed by the said order dated 6.9.2018 that in the event of non-payment of fine, the default imprisonment shall run consecutively to the substantive imprisonment.

(2.) On the basis of the complaint filed by one Sanjit Singha (PW-1) to the Officer-in-Charge, Belonia Police Station (Exbt-1) revealing that his daughter (the name withheld for protecting the identity of the victim) aged about 13 years went out of his house at 6 am on the day of occurrence i.e. 02.08.2014 for going to private tutor's house. She was expected to return at home at 8.30 am, but she did not return to the house as expected. A rigorous search for finding out her was carried out. When the informant met the private tutor, he told that his daughter did not come to his house for tution. At around 1.30 pm, the informant's wife had received a telephone call on her mobile phone. It was a call from his daughter. She had informed that the appellant had kidnapped her and she had been lodged at Agartala. The informant revealed the phone number in the complaint. But subsequent attempts to contact the victim over the said phone number turned futile as the mobile phone was found switched off. The appellant, according to the informant, used to work as a mason residing in the same village as a tenant. The villagers had also grievance against him and requested the owner of the house where the appellant was tenant, to evict him. 10-12 days preceding the occurrence, the appellant threatened that he would kidnap his daughter. Based on the said information filed on 02.08.2014 Belonia PS case No. 197/14 under Section 366A of the IPC was registered and taken up for investigation.

(3.) On completion of investigation the final police report bearing the charge sheet No. 164/2014 dated 30.09.2014 was filed and having taken cognizance, since the offence is exclusively triable by the court of sessions, the police papers were committed to the court of the Sessions Judge, South Tripura, Belonia. However, the case was transferred in the midst of trial to the court of the Asst. Sessions Judge, South Tripura, Belonia for bringing the trial to its logical end. Prior to transfer of the said case, the charge was framed on 23.03.2016. The Sessions Judge framed the charge against the appellant under Section 366 of the IPC. Even the Sessions Judge had recorded depositions of all the PWs, but by the order dated 03.04.2018, the said trial was transferred to the court of the Asst. Sessions Judge, as stated, inasmuch as the trial was stuck up for non-production of the accused.