ANIL HEMBRAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the order of conviction and sentence dated 22.09.2008 passed by the learned Additional Sessions Judge, Fast Track-2nd Court, Malda, in Sessions Case No.68 of 2006 whereby the appellant was sentenced to suffer Rigorous Imprisonment for 7 (Seven) years with a fine of Rs. 2,000/- (Two thousand) in default to suffer Simple Imprisonment for 15 (Fifteen) days for the offence punishable under Section 363 of the Indian Penal Code. The prosecution case, in brief, is that on 08.05.2005 one Nirmal Besra found that his minor daughter Latika Besra aged below 16 years was missing from his house. On enquiry he came to learn that the present accused/appellant had kidnapped her with the intention of marrying her. A missing diary was lodged at the P.S. and a village salish was held in presence of the respected persons including guardian of the accused on 18.5.2005 and in spite of an assurance by the said guardian of the accused, victim girl was not returned, whereupon Nirmal Besra lodged a written complaint on 19.5.2005 with the local P.S.. On the basis of the said F.I.R, Bamangola P.S. Case No. 47 of 2005 was started and investigated. After completion of investigation, charge sheet under Section 363/366/376 I.P.C was filed against the accused. The charges were duly framed against the accused who pleaded not guilty and claimed to be tried.

(2.) In all 14 witnesses were examined on behalf of the prosecution.

(3.) The F.I.R, Salishnama, Seizure lists, School certificate, the relevant entry in the School admission register, sketch map and other documents were admitted in evidence on behalf of the prosecution and marked as Exbts. The defence did not adduce any evidence and its plea was simply one of innocence.