SANJOY KUMAR SINGHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellants named above, presenting a petition under Section 374 of CrPC, challenged judgment and order of conviction and sentence dated 24.02.2012 passed by learned Addl. Sessions Judge, Dharmanagar, North Tripura, in Case No.S.T.37(NT/D)/2010, whereunder they have been convicted under Section 365 read with Section 34 of IPC and sentenced them to suffer RI for five years and to pay a fine of ?5,000/-(rupees five thousand) each, in default of payment of fine to suffer further RI for three months.

(2.) Heard learned counsel, Mr. H.K. Bhowmik for the appellants and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

(3.) Let us first have a glimpse to the prosecution case:- Smt. Suman Jain, W/O Nirmal Kumar Jain set the law in motion lodging an FIR in writing before the O/C Dharmanagar P.S., North Tripura on 18.04.2009 at about 0935 hrs. alleging that her son Anurag Jain(aged about 10 years), a student of Class-V of Holy Cross Convent School, Dharmanagar went to his school as usual on 17.04.2009. The school was dissolved at about 1.40/1.45 pm but he did not return from the school and that unknown miscreants kidnapped him from the school. Local people searched for Anurag in all probable places but could not trace whereabout of him and hence she lodged the FIR for recovery of her son. She also enclosed a photograph of her son.