SURAJ DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal challenges the judgement passed by learned Additional Sessions Judge, 3rd Court, Barrackpore in S.C. 358 of 2009 (S.T. case No. 14 of 2010) on 28/6/2018 whereby learned Trial Court was pleased to record an order of conviction, having found the appellant guilty for committing offence under Sec. 366 of the Indian Penal Code and sentenced him to suffer imprisonment for seven (7) years and to pay fine of Rs.5,000.00 with a default clause.

(2.) Briefly stated, on 29/4/2008 Mangal Mandi, father of the victim girl set the criminal administration of justice into motion by informing Inspector-in-Charge Kharda Police Station in writing that his daughter (hereinafter referred to as victim girl), who was a student of Bhairav Ganguly College went missing on and from 12/2/2008. She left her house to attend Saraswati Puja in her college but did not come back. Her mobile phone was switched off. He informed the local police station and G.D. entry No. 961 dtd. 13/2/2008 was recorded. Subsequently, he came to know from the friends of his daughter that his daughter came across a lady named Puja at Titagarh station. They found the victim girl talking to Puja at Belgoria Station as well. On the day of Saraswati Puja, she entrusted her friend Lakhi Besra with her mobile phone and went with Puja. Lakhi Besra the friend of the victim girl received a phone call, made by a boy and Lakhi Besra came to know that the name of the said boy was Suraj. While giving back the mobile phone to the victim girl, Lakhi informed her about the phone call made by Suraj. His daughter took the phone back from Lakhi. The informant further stated that Lakhi told him that on 12/2/2008 at about 2 p.m. the victim girl was found talking to Puja while leaving her college.

(3.) Learned Trial Court after considering the evidence adduced by prosecution witnesses, was pleased to pass the judgement impugned.