PARBATI DEBI Vs. STATE

JUDGEMENT

(1.) The appellant Parbati Debi was convicted at the criminal sessions of this Court under Section 120B read with Section 366, Penal Code and sentenced to undergo rigorous imprisonment for 4 years.

(2.) The case for the prosecution is that Kishori a minor girl between 13 and 14 years of age lived with her parents Bhanulal.and Earn Dassi at 42 Brojodulal Street. This premises belonged to Harnam who lived with Parbati on the top floor. It is not material for us to consider which of the two stories viz, whether Parbati Avas the married wife or the mistress of Harnam has been made oat. It is alleged that on 6-4-1950, Parbati took out Kishori in a ricksaw to the Howrah Station. Parbati asked Kishori to board a train and when it was about to start the former got down on the plea of purchasing betal leaves. Shewnath who was also living at 42, Brojodulal Street and on the 3rd floor thereof was in the compartment when the train steamed off without Parbati in the train. Kishori and Shewnath reached Mokama Ghat, crossed over the river, boarded the train again and got down at Dalsing-sarai. At the latter place, Shewnath and Kishori were met at the station by one Sriram. Shewnath and Kishori lived in the house of Sriram occupying the same room and the same bed. Kishori was rescued by the police on 10-5 1950 on a requisition from the Calcutta Police. Shewnath and Sriram were also arrested. Kishori was thereafter under the orders of the Magistrate kept in a rescue home.

(3.) The circumstances under which Kishori was rescued and the arrests as aforesaid may be shortly stated Kishori was missing from about 11 a. m. on the 6th April and her father Bhanu-lal lodged information with the local police on the following day that his daughter was missing. In the entry made in the records of the local police station there is no reference to any name of any person suspected to be responsible for the disappearance of Kishori. The- police referred Bhanulal to Court. On 11-4-1950 a petition was filed in the Court of the Additional Chief Presidency Magistrate for taking cognisance of the matter. It was stated that Parbati, Shewnath and Sriram already referred to above and Bhola-ram a brother of Shewnath were suspected to be responsible or implicated. Sriram who had been arrested at Dalsinghsarai as also Bholaram who was arrested at Calcutta were discharged. The committing Magistrate committed Parbati and Shewnath for trial in the Sessions.