JARINA BIBI @ KAJAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arose against the judgment and order of conviction dated 14.3.2011 and 16.3.2011 passed by the learned Additional Sessions Judge, Fast Track Court, 8th Court of Alipore, South 24 Parganas in Sessions Trial No. 4(5)03 convicting the appellants for committing offence under Section 363 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 5000.00 with default clause. In the background of this appeal the fact in a nutshell is that one Jarina Bibi, wife of Ayub Ali Sk. of village Chandrahati, P.O. Khagramuri, P.S. Bishnupur, Dist. South 24 Parganas lodged a complaint on 16.11.2003 with the Police at Bishnupur P.S. alleging that one Jarina Bibi, a co-villager on 2.10.2001 took away her daughter Saida Khatoon aged about 14/15 years to her relatives ' house and since then her daughter is missing. Jarina Bibi was also did not turn up to the village. The complainant lodged General Diary No. 126 dated 2.10.01. Jarina Bibi returned to the village after some time. Then, due to pressure of the villagers, the complainant learnt that she sold her daughter in a place at Bihar for prostitution.

(2.) AFTER completion of investigation Police has submitted charge-sheet against 4 accused persons viz. Jarina Bibi @ Kajal, Nur Hussain Sk., Raju Sk. @ Rajkumar Paswan and Mannan Mallick. Subsequently, Nur Hussain Sk. passed away.

(3.) ON hearing of both sides charges under Section 363/34 IPC and 374/32 IPC were framed against the three accused persons. The contents of the charges were read over and explained to them who pleaded not guilty and claimed to be tried. The prosecution has examined as many as 8 witnesses, while none was examined on the side of the defence. However, the accused persons were examined under Section 313 of the Code of Criminal Procedure. The defence case as appeared from the trend of cross-examination of the witnesses and the replies given at the time of examination under Section 313 of the Code of Criminal Procedure was the denial of offence with the plea of innocence. On hearing of both sides, the learned trial court convicted the appellants by the impugned judgment.