LAWS(CAL)-2003-11-15

FOYAM SK Vs. STATE OF WEST BENGAL

Decided On November 20, 2003
FOYAM SK., FHOIM SK., FINE SK. Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Merchants of the flesh trade have sought to countermand their well-ordained fate suffered in the annals of the Sessions Trial No. 1 of September, 2001 before the learned Additional Sessions Judge, Kandi, Murshidabad where the appellant upon his conviction in respect of the charges of sections 363A and 366A of the Indian Penal Code were sentenced to suffer Rigorous Imprisonment for eight (8) years each and to pay a fine of Rs. 2,000/- in default, to suffer Rigorous Imprisonment for further two (2) months with a sigh of relief that the sentences were to run concurrently; while another architect of the sinister design Mst. Samina Bibi was, although found guilty, let off on probation.

(2.) Indigent Suraiya Bibi(PW1) forsaken by her husband in order to niche an existence for herself and her offsprings had offered her daughter, Meherunessa (PW3) as a domestic help in the house of the accused persons while she just entered her teen age. Feigning compassion upon PW1 the accused took the pretension that they will make arrangements for the marriage of Meherunessa (PW3) and took her along with them for a tour to Saudi Arabia. Hapless Suraiya Bibi(PW1) was induced to believe that the accused persons, who would spend money for her (PW3) marriage and she would be given gold ornaments.

(3.) Fate decided otherwise. PW1, Suraiya Bibi received a rude shock when she had to take the custody of PW3, little Meherunessa from a Borstal Home in Berhampore.