HARUN MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revision petition is directed against the Judgment dated 11.04.2008 delivered by the learned Sessions Judge, South Tripura whereby learned Sessions Judge dismissed the appeal filed by the appellant and upheld the Judgment of the learned Chief Judicial Magistrate, South Tripura, Udaipur dated 29.10.2007 whereby the petitioner was convicted of having committed an offence of kidnapping of one Smt. Pinki Mitra and convicted him along with one Palanjoy Reang for having committed offences punishable under Section 147 IPC and Section 365 IPC and sentenced the petitioner to undergo Rigorous Imprisonment for period of 3 years and to pay a fine of Rs. 3,000/ - and in default of payment of fine to undergo Rigorous Imprisonment of 6 months. No separate sentence was awarded for the offence under Section 147 IPC.

(2.) THE prosecution story briefly stated is that the petitioner was part of a group of militants, who abducted a number of persons including one minor girl Pinki Mitra. It was also alleged that these persons had arms and had violated the provisions of the Arms Act and therefore, they were charged with having committed offences punishable under Sections 148, 149, 448 and 365 IPC. Only the petitioner and Palanjoy Reang were convicted as aforesaid. The appeals filed by them were dismissed and hence, this petition.

(3.) FROM the evidence, I find that there is sufficient proof with regard to the occurrence. P.W. 1 is the mother of the victim Pinki Mitra, who was aged about 10 years at the time. She has clearly stated that the accused took away her daughter Pinki and kept her for about 51 days. She has however, not identified any of the kidnapper. The mother or the father of the girl have not been cross -examined with regard to the fact that their daughter Pinki Mitra was kidnapped by some militants.