PRANTOSH MODAK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Ratan Datta, learned counsel appearing for the appellant and Mr. R. Datta, learned Public Prosecutor, appearing for the respondent-State.

(2.) The present appeal has been filed under Sec. -374(2) of Cr. P.C. against the impugned judgment and order of conviction and sentence dtd. 19/11/2021 in connection with case No. Special (POCSO) 62 of 2016 by the learned Special Judge (POCSO), West Tripura, Agartala, whereby and whereunder, the appellant has been convicted under Sec. -376(2)(i) of IPC and thereby sentenced him to suffer RI for 10 years and to pay a fine of Rs.5,000.00 only in default of payment he shall suffer imprisonment for two years.

(3.) The Prosecution case in brief is that on 27/4/2015 the informant with his wife had gone out for their works as usual and the victim (name withheld) stayed alone a home. During that period the accused person namely, Prantosh Modak communicated the victim over phone and subsequently the accused came to the house of the victim and allured her by several ways. Thereafter, the accused kidnapped the said victim. On that day, when the informant along with his wife returned at about 5/5.30 pm they found that their daughter was not available at home. Subsequently, they started looking her but could not found the victim. After that, wife of the accused Smti. Soma Modak came to their house and told them that her husband i.e. accused has eloped with the victim. Then, they thoroughly searched the said victim but could not trace her whereabouts. The informant also stated in the ejahar that the accused is already a married person. The ejahar further recites that the accused took cash amounting to Rs.10,000.00 along with some gold ornaments and necessary documents.