RAHUL AMIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against judgment and order dtd. 27/9/2002 passed by the Learned Additional Session Judge, 3rd Court, Burdwan in Session Case No.2 of 1996 convicted the appellant under Sec. 363 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 4 years and also to pay a fine of Rs.2000.00 in default to suffer rigorous imprisonment for further a period of 4 months for commission of offence under Sec. 363 of the Indian Penal Code.

(2.) The prosecution case precisely stated the complainant in his written complaint dtd. 19/6/1993 addressed to the Officer in-charge of the Bhattar Police Station stated that on 19/6/93, his fifteen-year-old daughter was returning home from her school, Karjona Chati School at 2 pm with other students. On her way home, she passed a Maruti car parked on the road near Mirpara bridge. Rahul Haque, who was sitting inside the car with other men asked his daughter to stop and come inside the car. When she refused, they forced her inside and drove to Burdwan. He stated that Rahul Haque eloped with his daughter. The accused used to work with the complainant's brother as a laborer and would often visit their house and was thus acquainted with the members of their family.

(3.) On the basis of the aforesaid complaint, Bhatar Police Station Case No.49/93 dtd. 19/6/1993 under Ss. 363/366 of the Indian Penal Code was initiated against the appellant.