MRITUNJOY MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred against the judgment and order dated 28.02.2011 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Lalbagh, Murshidabad in Criminal Appeal No. 1/10, wherein the learned Court was pleased to dismiss the appeal and affirm the order of conviction and sentence passed by the learned Assistant Sessions Judge, Lalbagh, Murshidabad in Sessions Case no. 81/2007 under Section 363/366 of the Indian Penal Code. The sentence which was imposed by the learned Assistant Sessions Judge, Lalbagh, Murshidabad by its judgment dated 27.05.2009 was as follows:

(2.) The genesis of the case was complaint lodged by one Banomali Mondal of village Char Doulatpur, P.O. Khamardiar under P.S. Islampore, Dist. Murshidabad with the Officer-in-charge Islampore P.S. to the effect that on 10.12.2006 at the night hours his daughter namely, Sundari Mondal aged about 14 years was enticed by Mritunjoy Mondal, with the purpose of marrying her. On the basis of such complaint dated 02.03.2007 Islampore police station case no. 25/07 dated 02.03.2007 under Section 363/366 of the Indian Penal Code was registered for investigation and after completion of investigation the investigating agency filed charge-sheet no. 24/07 dated 30.03.2007 under Section 363/366 of the Indian Penal Code before the learned A.C.J.M. Lalbagh on or about 09.04.07. The learned Magistrate was pleased to take cognizance of the offences and thereafter committed the case to the Court of Sessions and finally the case was transferred to the learned Assistant Sessions Judge, Lalbagh Murshidabad for trial on or about 15.06.2007.

(3.) Records reflect that on or about 04.10.07 charge was framed against the present petitioner under Section 363/366 of the Indian Penal Code and the substance of the accusation of the said charge-sheet was read over and explained to the present petitioner who pleaded not guilty and claimed to be tried.