STATE OF TRIPURA Vs. SRI MITAN DEBNATH

JUDGEMENT

(1.) This is an appeal by leave under section 378 (1) (b) of the Crimial P.C. from the judgment and order of acquittal dated 04.04.2014 by the Assistant Sessions Judge, North Tripura, Dharmanagar in Case No. ST 39(NT/D) of 2012 acquitting the accused, the respondent herein from the charge under section 366A of the IPC.

(2.) By the written ejahar dated 25.04.2012, one Nirmal Debnath (PW-1) had disclosed that when his daughter [the name is withheld for protecting her identity] did not return home after taking tuition on 24.04.2012, on search he came to know that his daughter was forcefully dragged into an unidentified car from the front of a shop which situate in the northern part of the Pecharthal Market. With the help of police, he could rescue his daughter from a place called Cham Tilla and the accused Litan Debnath was apprehended by the police from that place.

(3.) Based on the said written ejahar Pecharthal P/S case No. 17/12 was registered under Sec. 366 A of the Penal Code and taken up for investigation. On completion of the investigation, the final police report was filed charge-sheeting the accused respondent. The case was committed to the court of the Additional Sessions Judge. The Additional Sessions Judge transferred the case to the Court of the Assistant Sessions Judge, North Tripura, Dharma Nagar for trial in accordance with law. In turn, the said court framed the charge against the accused-respondent under Sec. 366 of the Penal Code for kidnapping/abducting to compel the woman to marry any person against her will or to seduce her to illicit intercourse. The accused-respondent had pleaded not guilty and claimed to face the trial.