KHADEM SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgement of conviction dated March 2, 2020 and the order of sentence dated March 4, 2020 passed by the learned Additional Sessions Judge, Fast-Track Court, Haldia in Sessions Trial No. 96 of 2016 arising out of Sessions Case No. 06 (03) of 2016.

(2.) By the impugned judgement of conviction and the order of sentence, the appellant has been convicted under Ss. 370/373 of the Indian Penal Code, 1860 and under Ss. 3(2)/4 (1) (2)/5 (1) (a) and Ss. 6 and 7 of the Immoral Traffic (Prevention) Act, 1956 for various period of rigorous imprisonment and various amounts of fine. The sentences had been directed to run concurrently.

(3.) The impugned judgement of conviction and order of sentence have been rendered in respect of a police case which was initiated on the basis of a first information report being Mahisadal Police Station Case No. 283 of 2015 dated August 24, 2015. The first information report had been lodged against 5 accused persons inter alia on the allegation that the accused persons were procuring and forcibly kidnapping women and coercing such women to participate in flesh trade. The police had submitted a charge sheet being No. 323 dated November 18, 2005 and a supplementary charge sheet being No. 01/16 dated January 21, 2016. The trial Court had framed charges against nine accused for offences punishable under Sec. 368/370/370A/373/376/120B of the Indian Penal Code, 1860 and Ss. 4/6/7/9 of the Act of 1956. The appellant and the other accused persons had pleaded not guilty before the trial Court and claimed to be tried. They had been tried. Eight out of the nine accused persons had been acquitted. The appellant had been convicted.