NEWTON MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 4/10/2023 and 5/10/2023 passed by the learned Additional Sessions Judge, Rampurhat, Birbhum in Sessions Trial No. 04/February/2016 arising out of Sessions Case No. 156 of 2015, thereby convicting the appellant under Ss. 341/366/376 of the Indian Penal Code and sentencing him as follows:

(2.) Nalhati Police Station case no. 92/10 dtd. 17/4/2010 was registered for investigation on the basis of a written complaint filed by 'Y' (brother of the victim 'X'). The allegations made in the written complaint addressed to the Officer-in-charge, Nalhati Police Station were to the effect that the accused promised to marry his sister 'X' but she used to avoid him. However, the accused used to visit her during day and night and even when his sister used to come to market then the accused would go around the road and threaten to beat her. The incident was informed to villagers, the villagers called the accused for settlement/meeting however, the accused did not attend the settlement/meeting and disobeyed the villagers. On 28/3/2010 at about 10.00 am when the victim had been to Nalhati market from then onwards she did not return home. The complainant alleges that his sister is a widow having two minor sons and the accused kidnapped her and confined her at a secret place.

(3.) On the basis of the aforesaid complaint Nalhati Police Station registered the case under Sec. 341/363/366/506 of the Indian Penal Code and the Officer-in-charge was pleased to endorse the case to Sub-inspector Sunil Kr. Dey (PW14) for investigation. The investigation of the case was thereafter handed over to Sub-inspector Samir Kr. Dutta (PW15) who submitted a report in final form and prayed for discharging the accused. A further investigation was held by Mojammel Mondal (PW16), Sub-Inspector of police and after conclusion of investigation he submitted charge-sheet against the accused under Sec. 341/363/366/376/506 of the Indian Penal Code.