RABIN SANTRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 08.06.2015 passed by the learned Additional District and Sessions Judge, Ghatal, Paschim Medinipur in Sessions Trial Case No.31/May/09 convicting the appellant for commission of offence punishable under Sections 363/366/376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.10,000/- in default, to suffer rigorous imprisonment for further 3 months for the offence punishable under Section 363 of the Indian Penal Code and to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.25,000/-, in default, to suffer rigorous imprisonment for further 6 months respectively for the offences punishable under section 366/376 of the Indian Penal Code. All the sentences shall run concurrently.

(2.) The prosecution case as alleged against the appellant is to the effect that on 22.10.2008 the victim, a 15 year old girl (P.W. 2) had been kidnapped by the appellant, an ayurvedic doctor, and taken to Calcutta where she was raped against her will and detained in the house of Timir Baran Nag, P.W.3. As she went missing and could not be traced out, her father, P.W.1 searched for her at various places but in vain. Ultimately, he lodged missing diary on 20.11.2008. Subsequently, suspecting that the appellant had a hand in kidnapped his daughter P.W.1 lodged written complaint at Chandrakona P.S. resulting in Chandrakona P.S. Case No.105/08 dated 28.11.2008 against the appellant. Appellant was arrested and on his showing the victim was recovered from the residence of Timir Nag. She was medically examined and made statement before Magistrate. In conclusion of investigation, charge-sheet was submitted against the appellant. The case was committed to the Court of Sessions for trial and disposal. Charges were framed against the appellant under Sections 363/365/366/376 of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried.

(3.) In the course of trial, prosecution examined 14 witnesses and exhibited a number of documents.