SAJAHAN MIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 30.08.2017 and 31.08.2017 passed by the learned Additional Sessions Judge, First Court, Sealdah, South 24 Parganas in S.T. no. 6(6)/2016 arising out of Sessions Case No.7(5) of 2016 convicting the appellant for commission of offence punishable under Sec. 364A of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.50,000/- each, in default to suffer rigorous imprisonment for one year more.

(2.) Appellant had been called upon to answer the following charge:

(3.) Prosecution case had been set into motion on the basis of information lodged by one Rita Roy (PW 1), mother of the minor who was alleged to have been kidnapped. Rita stated that she was residing with her two minor sons namely Kaushik Roy, aged about 13 years and Ayush Roy aged about 6 years at 25/2 Tangra Road, Tangra, Kolkata 15. Appellant was known to her elder son Kaushik and regularly visited her house. Appellant also expressed affection towards her younger son Ayush and used to offer him chips, lozenges, biscuits etc. On 03.03.2016 appellant had come to her house with a packet of chips brought from a nearby shop and handed it over to Ayush. Thereafter, appellant left the house. Upon finishing the chips, Ayush followed the appellant saying that he wanted to urinate. Thereafter, Ayush was untraceable. She suspected that appellant had removed the child. She prayed for recovery of Ayush and steps be taken against the appellant. On the strength of the aforesaid information, Tangra P.S Case no. 65 dated 04.03.2016 under section 363 IPC was registered for investigation. It is the further case of the prosecution that two days later Rita (PW 1) had received phone call on her mobile from the appellant demanding Rs. 20,000 for returning her son. On the next day, appellant again made a phone call on her mobile and asked her to come at Sealdah fish market with a sum of Rs. 20,000/- to take back her son. When she went to the fish market, she found her son Ayush was standing near a cold drink shop but the appellant was not present. The child was recovered and in course of investigation, the appellant was arrested from Bihar. In presence of witness (PW 6), investigating officer (PW 5) recovered a mobile phone from the accused. In conclusion of investigation, charge sheet was filed and the appellant was put on trial to answer the aforesaid charge.