AMIRUL GAZI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this appeal under sec. 374 (2) of Code of Criminal Procedure Code, 1973, the appellant has challenged the Judgment dtd. 12/1/2017/13/1/2017, passed by 7th Additional Sessions Judge, Barasat, 24 Parganas (North) in Sessions Trial No. 02 (02) of 2013 whereby, the appellant has been convicted for the offences punishable under sec. 376, 363 and 366A of the IPC and sentenced to 7 years RI for the Offence Under Sec. 376 with fine of Rs.20.000 and default RI for 10 months and sentenced to 5 years RI for the offence under Sec. 363 with fine of Rs.5000.00 and default RI for 3 months and also sentenced to 8 years RI for the Offence under sec. 366A of IPC with fine of Rs.20,000.00and default RI for 10 months, all the sentences are to run concurrently.

(2.) Prosecution case is that on 3/11/2010 victim, minor daughter of the complainant Shri Kalyan Kr. Ghosh, resident of village Ranihati, Deganga, Barasat, was kidnapped by the appellant while she had gone to answer nature's call at around 3 A.M. Complainant searched in all possible places but could not find her out.

(3.) On receipt of the written complaint on 3/11/2010 at about 22.45 hours instant case was registered as Deganga P.S case no 355 dtd.. 3/11/2010 u/s 363/366A I.P.C. During investigation I.O (PW-19) visited place of occurrence and prepared sketch map. I.O arrested two persons namely Jahangir Kabir Gazi and Manirul Gazi and they were taken to police custody. I.O. examined witnesses and recorded their statements u/s 161 Cr.P.C. During investigation I.O raided several places and finally on 20.04.20211 arrested the appellant and recovered the victim from Balagarh in the District Hooghly. I.O. also recorded the statements of witnesses namely Sk. Ohidur Rahaman (PW- 17), Sk. Raju (PW-14) and victim (PW-11) recorded u/s 164 Cr.P.C. After completion of investigation I.O. submitted charge sheet u/s 363/366A/120B/376/34 I.P.C against nine (9) accused including appellant before the Ld. Chief Judicial Magistrate, who then committed the case to the Ld. Sessions Judge, Barasat. The case was transferred to the Ld. Addl. Sessions Judge, Barasat, for trial.