MITHU DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. Simita Chakraborty, learned counsel appearing for the petitioner as well as Mr. Samrat Ghosh, learned Addl.P.P., appearing for the State-respondent.

(2.) This revision petition has been filed by the petitioner alleging the legality, validity and propriety of the Judgment and order dated 07.11.2016 passed by the learned Sessions Judge, North Tripura, Dharmangar, in Crl. Appeal No.12 of 2016, wherein and whereby the learned Appellate Court has dismissed the appeal and upheld the order of conviction and sentence dated 04.03.2016 passed by the learned Assistant Sessions Judge, North Tripura, Dharmangar in Case No.S.T(T-2) 14 of 2015, wherein the learned Trial Court convicted the petitioner under Section 366, 328 and 346 of IPC and sentenced him under Section 366 of IPC to suffer R.I for 5(five) years and to pay a fine of Rs.5,000/-(five thousand), in default to suffer R.I. for 3(three) months, and also sentenced him under Section 328 of IPC to suffer R.I. for 3(three) years and to pay a fine of Rs.5,000/-(five thousand), in default to suffer R.I. for 3(three) months and further sentenced him under Section 346 of I.P.C to suffer R.I. for 2(years) and to pay a fine of Rs.5,000/-(five thousand), in default to suffer R.I. for 3(three) months.

(3.) The brief facts of the case are that on the basis of an ejahar lodged by one Jhantu Ch. Das, the Officer-in-charge of the Dharmanagar Police Station had registered a case under Section 366(A) and 109 of IPC. In the ejahar dated 19.03.2013, it is stated that a missing dairy was lodged on 13.03.2013 at about 3.00 P.M. In the FIR, it is stated that his minor girl went out for a private tuition and when she did not return upto 6.00 P.M, after an extensive search, he came to know that Mithu Debnath, Abhijit Deb, Kiran Malakar, Suman, Sanju Debnath and Raju Debnath forcefully had kidnapped his minor daughter from Thana Road and on that matter he lodged a missing dairy on 13.03.2013. Accordingly, the Dharmangar P.S. registered a case vide Dharmangar PS Case No.48 of 2013 under Section 366(A)/109 of IPC. On completion of the investigation, the investigating officer submitted charge-sheet against the accused-persons, namely, Mithu Debnath, Abhijit Deb, Kiran Malakar, Suman, Sanju Debnath and Raju Debnath under Section 366(A), 328, 341, 342 and 34 of IPC.