ISRAFIL SEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal on behalf of the four Appellants (1) Israfil Seikh (2) Ismile Sk. (3) Md. Lbkman Seikh and (4) Sakina Bewa is directed against the Judgment and order dated February 17, 1992 passed by the learned Additional Sessions Judge, 12th Court at Alipore, District South 24 -Parganas in Sessions Trial No. 1(2)/89 convicting all the four appellants under section 366, I.P.C. and sentencing each of them to R.I. for 10 years and fine of Rs. 500/ - i.d. to further imprisonment for six months, and also convicting A -1 Israfil Seikh further under section 376(1), I.P.C. and sentencing him on the said charge to R.I. for 10 years and fine of Rs. 1000/ - i.d., to further imprisonment for one year, the sentences to run concurrently, A 1 and A 2 are brothers and A 4 is the mother of A l and A 2.

(2.) THE alleged victim Anita Mondal is now married and mother of one child.

(3.) PROSECUTION version of the case before the trial Court is that A l, A 2, A 3 and one Md. Bablu (a minor whose trial has been separated) were the employees of "Ma Kali Bakery" owned by the complainant Madan Mohan Mondal (.P.W.1). On 24.8.86 at 7.30 p.m. A l, A 2, A 3 and the said Md. Bablu fled away with the complainant's minor daughter Anita Mondal and in furtherance of their common intention kidnapped Anita with intent to marry her and to illicit intercourse and A l committed rape on Anita against her will by force.