MANISH GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 13/4/2021 passed by Learned First Additional District and Sessions Judge, Sealdah in a special trial no. 1(11)2020 arising out of special case no. 31/2020 convicting the appellant under Sec. 363 of the Indian Penal Code together with sec. 6 of Prevention Of Children from Sexual Offences Act.

(2.) The fact giving rise to the instant case is that on 30/6/2020, one Sitaram Agarwal lodged a complaint with Ultodanga Police Station stating, inter alia, that his daughter i.e. the victim girl aged about seventeen years and eight months went missing. It was stated that at 5 a.m. in the morning, the complainant found the gate of his flat open and the victim was not there in the house. He made a search in the nearby areas and at the house of his relatives but remained clueless. The complainant also came to know that Manish Gupta was also missing from his house. The complainant and his family had a doubt that the said Manish Gupta (appellant) again had misled his daughter and taken her from the house. Her personal belongings like own clothes, rings etc. were also missing.

(3.) On the basis of such written complaint, Ultodanga Police Station Case No. 131 dtd. 30/6/2020 under Sec. 363 I.P.C. was started against the accused Manish Gupta.