MANORANJAN PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dtd. 9/3/2004 passed by the Learned Additional District & Sessions Judge, 1st Fast Track Court, Hooghly in Sessions Trial Case No. 8/2003 arising out of Sessions Trial No. 59/96 convicting the appellant under Ss. 366/109 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.1000.00 in default to suffer further rigorous imprisonment for 6 months.

(2.) The prosecution case emanated on the basis of a complaint lodged one Nilima Chatterjee, inter alia stating that on March 26, 1991 at around 11:00 a.m. - 11:30 a.m., the eldest daughter of the complainant, a student of class - VIII of Siksha Mandir Balika Vidyalaya went to her friend's house at Kamarpara. However, the victim girl (PW-6) did not return to her house which made the complainant (PW-1) worried and went to Chinsurah Police Station for lodging a verbal complaint. Subsequently, the complainant found a piece of paper kept inside the books of the victim lady and it was written that the principle accused namely Tusthu Bera wishes to abscond with the victim lady (PW-6). On March 27, 1991, the complainant went out to search for the victim lady in the house of the principle accused and there they came to know that the victim girl was taken away by the accused person to give her marriage with the principle accused. Meanwhile, the victim girl was kept secretly at the house of the principle accused. Thereafter, the father of the victim girl (PW-3) went to the house of the elder sister of the principle accused (acquitted) to get back the victim lady but she refused to return back the victim girl and informed about the ensuing marriage between the victim girl and the principle accused.

(3.) Based on the aforesaid complaint, Chinsurah Police Station Case No. 107 dtd. 2/5/1991 under Ss. 363/366/120B/34 of the Indian Penal Code was instituted.