TAPAS MAHATA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure against the judgment and order of conviction dtd. 23/2/2021 passed by the learned Additional Sessions Judge, Khatra, Bankura thereby convicting the appellant No.1 under Sec. 376/366/363 of the IPC and sentencing him to suffer rigorous imprisonment for seven years with fine and default clause for the offence punishable under Sec. 376 of the IPC. Seven years with fine and default clause for the offence punishable under Sec. 366 of the IPC and also sentencing him for committing offence under Sec. 363 of the IPC for rigorous imprisonment for five years with fine and default clause. Appellant No.2 was also convicted and sentence to suffer imprisonment for five years with fine and default clause for committing offence under Sec. 363 of the IPC. Substantive offence of rigorous imprisonment was directed to run concurrently, however, sentence of imprisonment for nonpayment of fine was directed to run separately.

(2.) A minor girl of the de facto complainant was found missing since 8 pm on 23/4/2012. The parents of the said minor girl along with other people conducted search throughout the night of 23/4/2012 for their minor daughter. However, they did not find her. The father of the victim girl lodged a missing diary at Ranibandh P.S in the district of Bankura. After returning home from the police station the de facto complainant came to know that one Sonali Mahata wife of Sudhir Mahata told the nephew of the de facto complainant that her son took the daughter of the de facto complainant away and the de facto complainant could take any step against her son whatever he liked. On further enquiry he came to know that one Tapas Mahata and his friend Jayanta Mahata kidnapped the minor daughter of the de facto complainant on 23/4/2012 at about 8 pm. The parents of Tapas Mahata, namely Sudhir Mahata and Sonali Mahata helped Tapas to kidnap the minor daughter of the de facto complainant.

(3.) On the basis of the said complaint Ranibandh P.S Case No.32 of 2012 dtd. 24/4/2012 was registered under Sec. 363/366/109 of the IPC and finally police submitted charge-sheet against accused Tapas and Jayanta Mahata under Sec. 363/366/376 of the IPC. Accused Sudhir Mahata, Sonali Mahata and Jayanta Mahata were further charged under Sec. 109 read with Sec. 363/366 of the IPC.