MUKTESWAR SHIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 30/31.5.2001 passed by the learned Additional Sessions Judge, Contai, Midnapore in Sessions Trial Case No.V/February/1999 convicting the appellant no.1 for commission of offence punishable under Section 376/363/366 of the Indian Penal Code and appellant no.2 for the offences punishable under Section 363/366 of the Indian Penal Code respectively and sentencing the appellant no.1 to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- in default to suffer rigorous imprisonment for six months more for the offence punishable under Section 376 of the Indian Penal Code and sentencing the appellant Nos.1 and 2 to suffer rigorous imprisonment for one year each and to pay a find of Rs.1,000/- each in default to suffer rigorous imprisonment for two months more for the offence punishable under Section 363 of the Indian Penal Code and to suffer rigorous imprisonment for two years each and to pay a fine of Rs.2,000/- each in default to suffer rigorous imprisonment for four months more for the offence punishable under Section 366 of the Indian Penal Code, all the sentences run concurrently.

(2.) The prosecution case as alleged against the appellants is that on 10.10.1995 at about 19.55 hours, P.W.9 Mukunda Shit, the father of the victim girl, Mitali Shit (P.W.11) lodged a written complaint with the local police station alleging that he used to carry on business in Calcutta while his wife was residing at Contai with his minor daughter and son. On 25.9.1995, Mitali Shit went to Kalindi Union High School for her studies but did not return from the school. On enquiry, the defacto complainant and his wife came to know that the victim was induced and kidnapped by the appellant no.1 from the school for immoral purposes. The defacto complainant and his wife came to the house of the appellant No.1 and could not find them. The father of the appellant no.1 drove them out from the house. It was further alleged that the appellants had secreted his daughter aged about 17 years for immoral purpose and ill motive. On the basis of such complaint, First Information Report being Ramnagar Police Station Case No.124 of 1995 dated 10.10.1995 under Sections 363/366 of the Indian Penal Code was registered against the appellants and one Balai Shit and Shib Prasad Shit. In the course of investigation, the victim was recovered and her statement was recorded under Section 164 of the Code of Criminal Procedure. In conclusion of investigation, charge sheet was filed against the appellants, Balai Shit and Shib Prasad Shit, the father and another relation of the appellant no.1 alleging commission of offence punishable under Sections 363/366/376/34 of the Indian Penal Code. The case, being sessions triable one, was committed to the Court of Sessions, Paschim Midnapore and transferred to the Court of the learned Additional Sessions Judge, Contai, Midnapore for trial and disposal. Charges were framed under Sections 363/109, 366/109 of the Indian Penal Code against the appellant no.2, Shib Prasat Shit and Balai Shit. Charge was framed under Sections 363/366/376 of the Indian Penal Code against the appellant no.1.

(3.) The prosecution examined as many as 13 witnesses including the victim girl as P.W.11. The defence of the appellants were one of innocence and false implication. It was the specific case of the appellants that the victim was a major and was in love with appellant no.1. In conclusion of trial, the learned Trial Judge by the impugned judgment and order convicted the appellant no.1 for commission of offences punishable under Sections 376/363/366 of the Indian Penal Code and appellant no.2 for commission of offences punishable under Sections 363/366 and sentenced them, as aforesaid. By the self-same judgment and order, the learned Trial Judge, however, acquitted Balai Shit and Shib Prasad Shit of the charges levelled against them.