TARAK DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal was directed against the judgment and order of conviction dated 3.12.88 passed by Sri P.N. Bhaduri, Assistant Sessions Judge, 6th Court, Alipore, 24-Parganas in connection with Session Trial No. 4(3) 88- Sessions Case No. 25(8) 87 convicting the appellant/accused for the charge under Section 366 I.P.C. and sentencing him to suffer R.I. for 10 years and also to pay a fine of Rs. 2000/- in default, R.I. for 50 days more and acquitting the appellant/accused from the charge under Section 376 I.P.C.

(2.) Prosecution case in brief is that in the morning at about 6 a.m. of 9.5.86 one Shila Das aged about 13 years daughter of the informant Dilip Kumar Das was missing. Subsequently the informant came to learn that one Tarak Dey enticed his daughter. On the basis of that complaint the police started. the case and after investigation submitted the chargesheet. The learned trial Judge appears to have framed charge against the appellant under Section 366 and 376 I.P.C. when the appellant pleaded not guilty and claimed to be tried. After conclusion of trial the learned Judge acquitted the appellant from the charge under Section 376 I.P.C. but convicted him for the offence under Section 366 I.P.C. and sentenced him to suffer R.I. for 10 years and also to pay a fine of Rs. 2000/- I.d. R.I. for 50 days.

(3.) It appears from the record that the prosecution produced as many as 15 witnesses.