BALAI KULE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dtd. 22/12/2014 and 23/12/2014 passed by the learned Additional Sessions Judge, 3rd Court, Tamluk, in Sessions Trial No. 1(07) of 2014 arising out of Sessions Case No. 217(April) 2014 thereby convicted the appellant Balai Kule @ Surajit Kule for the offence punishable under Sec. 363 of the Indian Penal Code and sentencing him to suffer simple imprisonment for five years and to pay fine of Rs.2000.00 in default to suffer simple imprisonment for two months.

(2.) This appellant (herein) along with two others namely, Dilip Kule and Suchitra Kule were arrayed to face charge under Sec. 363/366/34 of the Indian Penal Code to which they pleaded not guilty and claimed to be tried. As a result, trial commenced against them. The co-accused persons were found not guilty and were acquitted from the charges. The present appellant was found guilty of offence under Sec. 363 of the Indian Penal Code and accordingly his conviction and sentence was recorded by the judgement which is impugned in this appeal.

(3.) Succinctly, the case before the learned Trial Court was that Arabinda Kule, the father of the victim girl lodged a written complaint before the Kolaghat Police Station through Kolaghat Beat House on 19/11/2011 to that effect that on 10/11/2011 in the morning at about 6.30 A.M. his minor daughter (victim) went to take tuition but she did not return and as such, a GD Entry being no. 299 dtd. 10/11/2011 was lodged and his daughter was recovered. It is further stated in the written complaint that on 10/11/2011 in the night at about 7 P.M. in absence of his family members the appellant entered inside his house and by enticing her and by using force her daughter was kidnapped once again. Other two accused persons namely, Dilip Kule and Suchitra Kule had taken part in the said offence and assisted this appellant.