JAYDEB HORE (MAJUMDER) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted for the commission of offence punishable under Sections 366 and 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.6,000/-, in default, to suffer further imprisonment for seven months for the offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-, in default to suffer further imprisonment for six months for the offence punishable under Section 366 of the Indian Penal Code, both the sentences to run concurrently.

(2.) The prosecution case, as alleged, against the appellant is that P.W. 1 and P.W. 2 had taken their daughter, i.e., the victim (P.W.3) for treatment to the appellant, who used to treat patients as a Tantric. The appellant demanded Rs.10,000/- and as they were unable to pay said amount, the appellant refused to treat their daughter. Three to four days thereafter, on 09.04.2010 at about 2:30 p.m., the appellant visited to the house of the victim and called her by name and as the victim came out along with her elder sister, Seuli, the victim forcibly kidnapped her and took her away. The parents of the victim were not present at that time at the home and when they returned, they were informed about the incident. Thereafter, they searched at the difference places and then went to the local police station who requested them to continue with further searches. Thereafter, the accused threatened over his mobile phone that he would kill them and abduct P.W.3 in the event the matter was referred to the police station. On 29.04.2010, the mother of the victim P.W.2 lodged written complaint scribed by one Krishnapada Pramanik (PW6) under Sections 363 & 366 of the Indian Penal Code against the appellant. On 04.05.2010, people at Guma detained the victim along with the appellant on the basis of suspicion. Thereafter, the victim was taken to Habra Police Station and handed over to police. The victim made a statement before the Magistrate under Section 164 of the Criminal Procedure Code and accordingly, Section 376 I.P.C. was added to the case and in conclusion of the investigation charge sheet was filed against the appellant. Charges were framed under Section 363, 366 and 376 of the Indian Penal Code. In conclusion of the trial the appellant was convicted and sentenced, as aforesaid. However, he was acquitted of the charge under Section 363 of the Indian Penal Code.

(3.) Ms. Faria Hossain, learned Amicus Curiae argued that there is delay in lodging the First Information Report. She further submitted that there is no evidence as to the manner in which the victim was rescued from the custody of the appellant and handed over to Habra Police Station. She accordingly, prayed for acquittal.