DEBAPROSAD BOSE Vs. KING

JUDGEMENT

(1.) This is an appeal by Debaprosad Bose who had been found by a majority of jury guilty Under Section 366, Penal Code, and accepting the said majority verdict, the Additional Sessions Judge, 24 Parganas, convicted him and sentenced to two years rigorous imprisonment.

(2.) The prosecution case is that a certain family of Banerjees lived in the Park Circus area and subsequently shifted to Hazra Road, to a house belonging to a relation. The owner of the house occupied the second floor and the ground floor was occupied partly by Banerjee and another portion of the same floor by the accused Debaprosad Bose and his family. The two families occupying the ground floor were on friendly terms. It is alleged that taking advantage of the friendly relationship, the Accused Debaprosad had enticed the youngest daughter of Banerjee. It is stated that on 10th September 1947, the daughter had left the house on the plea of going to school but instead of going there, went to Deshapriya Park nearby in accordance with previous arrangements with the accused. From there she was taken to the Lakes and then to Kalighat and some form of marriage ceremony was alleged to have been gone through. Later on she was taken by the accused to Jogbani in the district of Pa men to the house of one Dr. Dhar, a brother-in-law of the accused. The accused and the girl were arrested by the police at Jogbani on 14th September 1947 and were brought down to Calcutta. After investigation Debaprosad was committed to the Court of Session, charged with offence Under Section 366, Penal Code, The accused pleaded not guilty but the defence as may be ascertained from the trend of the cross-examination of the prosecution witnesses was that the girl was above 16 years at the time of the occurrence and that further she had not been enticed away by the accused but she had voluntarily left her father's house and had married him.

(3.) On behalf of the appellant it is argued that there are serious mis-directions in the Judge's address to the Jury.