NIKHIL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against judgment and order of conviction dtd. 31/7/2007 passed by Learned Additional Sessions Judge Fast Track Court '1', Krishnanagar, Nadia in Sessions Trial No. 'V/October/2005' arising out of Sessions Case No. 33 (4) 2005 convicting the appellant under Sec. 363 of the Indian Penal Code sentencing him to rigorous imprisonment for 3 years and to pay a fine of Rs.2000.00, in default to suffer further rigorous imprisonment for 6 months.

(2.) The prosecution case originated from a complaint dtd. 18/11/2004 filed by Rabindranath Raha, the father of victim alleging that his daughter Annapurna Raha alias Nandita Raha aged 14 Years 10 Months, her date of birth being 16/12/1990, was missing since the night of 11/11/2004. The complainant returned from his workplace immediately and searched for his daughter. On 15/11/2004 his daughter was traced out to be present in the house of the appellant who refused to part with his daughter despite request. The appellant had forcefully eloped with his minor daughter in order to marry her. Earlier, the brother of the complainant had lodged a diary at the Police Station of Nakashipara on 11/11/2004. The complainant urged to rescue his daughter and to punish the perpetrator.

(3.) Based on the aforesaid complaint, Nakashipara P.S. Case No. 272 of 2004 dtd. 17/11/2004 was instituted under Sec. 363/366 of the Indian Penal Code. Investigation ensued and concluded with submission of charge-sheet. Charges were framed, to which the appellant pleaded no guilty and claimed to be tried.