RAM JOARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgement and order dated March 6, 2017 and March 7, 2017 passed by the learned Additional Sessions Judge, 2nd Court, Krishnagar, Nadia in connection with Session Case No. 1(5) of 2016 (Spl.)/Sessions Trial No. XI(XII) of 2016 thereby convicting the appellant and another to undergo rigorous imprisonment for two years and also to pay fine of Rs.1000/- each, in default of payment to undergo rigorous imprisonment for one month for the offence punishable under Section 3 of ITP Act and also sentencing the appellant and another to suffer rigorous imprisonment for seven years and also to pay a fine of Rs.5,000/- each, in default to undergo rigorous imprisonment for three months for the offence punishable under Section 5 of the ITP Act each and also rigorous imprisonment for two years and also to pay fine of Rs.1000/- each, in default of payment of undergo rigorous imprisonment for one month for the offence punishable under Section 7 of the ITP Act and directed all the sentences of imprisonment to run concurrently.

(2.) The appellant was placed on trial to answer charges framed for commission of offence under Sections 3/5/7/8 of the ITP Act in connection with Sessions Case No. 1(5) of 2016 (Spl.)/Sessions Trial No. XI(XII) of 2016 along with another person namely Debasish Chakraborty and also with another two accused persons namely Pradip Mondal and Mahadeb Ghosh against whom charge had been framed under Section 4 of the POCSO Act.

(3.) The prosecution case levelled against appellant shorn unnecessary details is that on March 2, 2016, a written complaint was lodged by the Inspector, Anjan Ghosh, C.I of Nakashipara, Nadia to the Officer-in-Charge of Nabadwip Police Station that as per the instructions of one Sk. Md. Ajim, Deputy Superintendent of Police, Nadia along with the force held a raid at hotel Raj and seeing the police party, the hotel Manager, namely, Debasish Chakraborty, escaped through the back-door and in two rooms they found two boys and two girls and after prolonged interrogation, they confessed their identities and ages. They stated that on March 2, 2016, they came to Mayapur Hular Ghat took 2/3 rooms of hotel Raj and also disclosed their names and identities and after local inquiry, it came to the light that the hotel Raj is managed by one Debasish Chakraborty, son of Jayanta Chakraborty and the owner of the hotel is Ram Joardar, son of Late Nagen Joardar who left full responsibility of the hotel to the manager.