KRISHNA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Appeal arises out of the Judgment and order of conviction dated 28th June 2010 and sentence dated 29th June 2010 passed by the learned Additional Sessions Judge, Fast Track Court -II, Barrackpore, North 24 -Parganas in Sessions Trial No.4(5)/2007 corresponding to Sessions Case No. 9(10/06) thereby convicting the appellant Krishna Das to suffer rigorous imprisonment for 5 years each for the offences punishable under Sections 363 I.P.C. and 366 I.P.C. and to suffer rigorous imprisonment for a further period of 10 years and to pay a fine of Rs.5,000/ - in default to suffer further rigorous imprisonment for six months for the offence punishable under Section 376 I.P.C. The sentences are to run concurrently.

(2.) THE case of the prosecution may be encapsulated as follows:

(3.) THE victim aged about 14 years while going to school was kidnapped allegedly by the appellant Krishna Das. A General Diary was lodged with the concerned Police Station and on such Diary G.D. Entry No. 1944 dated 25.02.2006 was recorded. Search was conducted to trace out the victim but to no effect. The de facto complainant, Jhantu Pal, father of the victim lodged FIR on 26.2.2006 and on the basis of the said FIR Naihati P.S. Case No.52/06 dated 26.2.2006 under Sections 363/366/376/120B I.P.C. was registered against the appellant and one Dataram Das.