ATIAR RAHAMAN MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 5/2/2011 and 7/2/2011 passed by the Ld. Additional District and Sessions Judge, Fast Track Court I, Uluberia in the District of Howrah in Sessions Trial No. 477 of 2006 whereby and whereunder he was pleased to convict the appellant under Sections 363 / 366A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 7 years together with a fine of Rs. 3,000 and in default, to suffer further rigorous imprisonment for 3 months for the commission of offence punishable under Section 363 of the Indian Penal Code. So far as Section 366A is concerned, the appellant was convicted under that Section and was sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 5,000 and in default, to suffer further rigorous imprisonment for 4 months. Both the sentences were directed to run concurrently.

(2.) The Ld. Trial Judge also convicted another co-accused under Sections 363, 366A and 376 of the Indian Penal Court but this appeal is not concerned with the said other co-accused namely Sk. Nazimul. This appeal is concerned only with the appellant Atiar Rahaman Mallick.

(3.) The instant case arises out of a written report dated 31/3/06 made by one Sk. Noor Islam. The informant lodged a written report before the Officer-In- Charge, Shyampur Police Station at Howrah and accordingly a case was registered, being Shyampur P.S. Case No. 41 of 2006 dated 31/3/06 under Sections 363 and 366A of the Indian Penal Code. The said written report was in relation to an occurrence alleged to have taken place 6 days earlier i.e. on 25/3/06. It alleged, inter-alia, that his daughter, Sabina Khatoon, aged about 15 years and studying in Class-VI went missing from the Bagandabazar in the evening of 25/3/06. Since she could not be located even after search, a missing diary was registered at the Shyampur Police Station on 29/03/06 vide G.D. No. 1942 dated 29/3/06. It was further alleged that since the matter was known to all the villagers, they (the villagers) "nabbed" 2 persons namely (1) Sk. Nazimul, S/o Sultan & (2) Atiar Mollah, S/o Allauddin, resident of village Secunderpur, P.S. Mandirbazar. According to the informant, these 2 persons admitted the incident when they were quizzed by the villagers and therefore it was the firm belief of the informant that these 2 persons had hidden his daughter with ill motives. He also believed that they had eloped with his daughter for marriage by seducing her with false words.