AMAL TALUKDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated May 12, 2005 passed by the learned Assistant Sessions Judge, Second Court, Hooghly in Sessions Trial Case No. 1 of 2005 thereby convicting the appellant for offences punishable under Sections 363/366/376 of the I.P.C.

(2.) The fact of the case in short is that one Ashoke Kumar Singha Mahapatra lodged an ejahar with the O.C., Chinsurah P.S. on December 1, 2003 to the effect that his minor daughter, namely Purnima Singha Mahapatra aged about 16 years went to the house of her private tutor on November 7, 2003 at 6.35 a.m. But, since then, his daughter did not return home. For that reason, he lodged a missing diary with the said police station on November 10, 2003. Later, on enquiry, he learnt from the elder brother of the appellant, Niranjan Talukdar, that appellant Amal Talukdar took his daughter to Bangladesh and kept her confined in the house of his father. Police investigated the case as usual and upon completion of investigation, submitted chargesheet against the appellant under Sections 363/366/376 of the I.P.C.

(3.) On the basis of materials on record, the learned Assistant Sessions Judge framed charge under Sections 363/366/366A/376 against the appellant to which the appellant pleaded not guilty. The prosecution examined 13 witnesses and marked certain documents as exhibit. The appellant did not adduce any D.W. Upon consideration of the evidence on record, the learned Assistant Sessions Judge convicted the appellant for the offences punishable under Sections 363/366/376 of the I.P.C. and awarded different punishments for the offences. Being aggrieved by the said judgment and order impugned, the appellant has preferred this appeal.