BAPI DAS @ BAPPA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 12.03.2013 and 13.03.2013 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Lalbagh, Murshidabad in Sessions Trial No. 1 of November, 2008 arising out of Sessions Serial No. 292/2007 whereby and whereunder the appellant was convicted for the charge under Section 363 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a term of 5 years and to pay fine of Rs. 1000/- in default to suffer simple imprisonment for two (2) months more with default clause..

(2.) To speak precisely about the prosecution case, the victim girl, aged about 8 years, was missing since January 30, 2006 after being kidnapped by the appellant/accused. On finding guilty, sentence was imposed on him who is now languishing in jail.

(3.) Mrs. Faria Hossain with Mrs. Debjani Sahu, learned advocates appearing for the State at the outset submitted that the victim girl has not yet been recovered. It is well proved on evidence that the victim girl being a minor aged about 8 years was kidnapped by the accused, Bapi Das @ Bappa on the date of occurrence and is in agreement with the findings of guilty of the charge under Section 363 of the Indian Penal Code.