DIPANKAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure filed by the convict/appellant against the judgment dated 4th October, 2018 and order of conviction dated 5th October, 2018 passed by the learned Additional Sessions Judge, 5th Court at Malda in Sessions Trial No. 23 of 2016 arising out of Sessions Case No. 157 of 2016 sentencing the appellant to suffer rigorous imprisonment for five years and fine of Rs.10,000/-, in default, to suffer further rigorous imprisonment for six months for committing offence under Sec. 363 of the Indian Penal Code. The learned Trial Judge passed similar sentence, as stated above, against the appellant for committing offence under Sec. 365 of the Indian Penal Code. The appellant was further sentenced to suffer imprisonment for seven years and fine of Rs.10,000/-, in default, to suffer further rigorous imprisonment for six months for the offence punishable under Sec. 376 of the Indian Penal Code.

(2.) One Arshad Mian lodged a written complaint before the Officer-in-Charge, Ratua Police Station on 2nd May, 2013 stating, inter alia, that his minor sister, aged about 16 years, was missing since 26th April, 2013. A missing diary was made in the Police Station on 27th April, 2013 vide General Diary Entry No. 1143. Subsequently, the de facto complainant came to know that the accused kidnapped his minor sister for the purpose of trafficking having enticed her to give her a job. It is further alleged that the accused and the de facto complainant belonged to different religion and as a result of kidnapping of his minor sister, a communal tension was prevailing in the locality amongst the people of two different religious faith.

(3.) On the basis of the said complaint, Police registered Ratua Police Station Case No. 253 of 2013 dated 2nd May, 2013 under Ss. 363/365/34 of the Indian Penal Code against the appellant and his father. During investigation, the victim girl was recovered. On completion of investigation, the Investigating Officer submitted charge-sheet against two accused persons, namely, the appellant herein and his father, Kinkar Roy under Ss. 363/365/34 of the Indian Penal Code. Charge-sheet was also filed against the appellant under Sec. 376 of the Indian Penal Code.