PRADYUT MALAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal by the convicts is directed against the judgment dated 17 -01 -2009 passed by the learned Additional Sessions Judge, Fast Track Court, Kailashahar, North Tripura, in Case No. Sessions Trial 06(NT/K) of 2008 whereby he convicted the accused of having committed an offence punishable under section 366 read with section 34 of the Indian Penal Code (IPC) and sentenced them to undergo rigorous imprisonment for 3(three) years and to pay fine of Rs. 1,000/ - (rupees one thousand) each and in default of payment of fine to undergo simple imprisonment for 3 (three) months each.

(2.) THE prosecution case, briefly stated, is that on 05 -05 -2007, the complainant/informant (PW -1), Sri Rathindra Dhar, filed a written complaint with the Nepal Tilla police station. In this complaint, it was alleged that at about 4 a.m. in the morning when his daughter (hereinafter referred to as "B") went to answer the call of nature, she did not return home and that he came to know that the accused persons had kidnapped his minor daughter by enticing her and promising to marry her. The case was registered and the victim was recovered and her statement was recorded. It would be pertinent to mention that the statement of the victim was also recorded under section 164 of Cr.P.C. by the learned Judicial Magistrate 1st Class, Kailashahar. Thereafter, charge -sheet was submitted. The trial Court convicted the accused. Hence, this appeal.

(3.) THE father (PW -1) states that when he woke up in the morning, he found that his daughter was not there. He suspected that she might have gone to the house of her grandfather which was at a distance of one furlong from his house. Thereafter, he sent his son Tutan to his father's house. The son Tutan returned immediately and informed that the victim (B) was not in the grandfather's house. Thereafter, they carried out a search for the daughter in nearby houses, but did not find her. The father of the victim stated that at about 8 -30 a.m. Jitendra Malakar and Sailendra Dutta came to his house and Jitendra Malakar told him that his daughter (B) had gone to the house of Jitendra voluntarily very early in the morning and had expressed a desire to marry his nephew Pradyut. He also told the father (PW -1) that his daughter (B) was in his house. Thereafter, the father called his relatives and after consultation lodged written complaint with the officer -in -charge of the Nepal Tilla police station.