ABDUL HABIB SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against the judgment and order of conviction dated 24.08.2015 passed by the learned Assistant Sessions Judge, Second Court, Nadia, Krishnagar in Sessions Trial No. II of December, 2014 arising out of Sessions Case No. 1(II) 14 convicting the appellant under Sections 376, 366 and 363 of the Indian Penal Code and sentencing convict Abdul Habib Sk to suffer rigorous imprisonment for 10 years and with fine of Rs.1,000/-, in default to suffer simple imprisonment for 6 months for the offence punishable under Section 376 of Indian Penal Code; sentencing convict Abdul Habib Sk to suffer rigorous imprisonment for 10 years and with fine of Rs.1,000/-, in default to suffer simple imprisonment for 6 months for the offence punishable under Section 366 of Indian Penal Code; sentencing the convict Abdul Habib Sk to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 1,000/-, in default to suffer simple imprisonment for 6 months for the offence punishable under Section 363 of Indian Penal Code and sentencing the convict Rahim Sk to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for 6 months for the offence punishable under Section 363 of Indian Penal Code.

(2.) Present appeal being C.R.A. no. 636 of 2015 has been filed by Abdul Habib Sk assailing the order of conviction and sentence passed against him.

(3.) In short the prosecution case is that one Jalemmuddin Sk lodged a complaint on 29.11.2013 that his daughter Suksari Khatun, aged about 17 years while pursuing her class IX studies from Kamari High School, on 26.11.2013 at about 9.30 in the morning, went to her school but did not come back even after the school gave over. While searching it was learnt through local people that the accused/appellant Abdul Habib Sk in association with another accused Rahim Sk took away his daughter prompting and alluring her to marry with malicious intention.