ASARAF ALI Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order of conviction and sentence passed by learned Additional Sessions Judge, Fast Track Court No. 1, Islampur, Uttar Dinajpur on March 4, 2012 in Sessions Trial No. 85 of 2011 arising out of Sessions Case No. 86 of 2011, by which learned Judge of the trial court sentenced the appellant to suffer imprisonment for five years for the offence punishable under Sec. 363 of the Indian Penal Code, to suffer imprisonment for seven years for the offence punishable under Sec. 376 of the Indian Penal Code and to suffer imprisonment for two years for the offence punishable under Sec. 419 of the Indian Penal Code.

(2.) The backdrop of conviction and sentence of the appellant is as follows: On March 18, 2011 one Kanailal Sarkar filed a written complaint before the Inspector -in -charge of Karandighi Police Station on the basis of which Karandighi Police Station Case No. 112 of 2011 dated March 18, 2011 under Ss. 363/366A of the Indian Penal Code was registered. The contents of the written complaint disclose that Arati Sarkar, daughter of the de facto complainant Kanailal Sarkar was found missing from March 6, 2011 and one missing diary was recorded in the said Police Station on March 13, 2011. The de facto complainant has stated in the written complaint that he came to learn from the wife of the appellant over telephone that Arati Sarkar is residing with the appellant in his house at Village Babupara, P.S. Raninagar, District Murshidabad.

(3.) The police investigated the said criminal case, recovered the victim -Arati Sarkar and arrested the appellant. The Investigating Officer submitted charge sheet on completion of investigation against the appellant for the offence under Ss. 363/366A/376 of the Indian Penal Code. Initially the court framed charge against the appellant on the allegation of committing offence under Sec. 363/366A/376 of the Indian Penal Code. Subsequently, the trial court framed additional charge against the appellant on the allegation of committing offence under Sec. 419 of the Indian Penal Code. On conclusion of trial the appellant was convicted and sentenced to suffer imprisonment for various terms and also to pay fine for the offences under Ss. 363/376/419 of the Indian Penal Code. The said judgement and order of conviction and sentence is challenged by the appellant by preferring this appeal while serving sentence in the Correctional Home.