SACHINDRA NATH MAZUMDER Vs. BISTUPADA DAS

JUDGEMENT

(1.) THIS revision arises out of an application by Sachindra Nath Ma -jumder, the father of the victim girl (third party) against the order of acquittal passed by the learned Assistant Sessions Judge, Nadia In a case under Sections 366 and 368, I.P.C.

(2.) ACCORDING to the prosecution P.W. 5 Mintu Mazumder is the daughter of P.W. 1 Sachindra Nath Majumder, On 13 -10 -1975, on the day of 'Nabamipuja' at about 7 P.M. Mintu went out of her house to see the Goddess 'Durga' but she did not return home till late at night. The family members along with others searched for her in vain. It was gathered that the accused Bistu Pada Das had enticed her away from the lawful guardianship of the father. In the night on 15 -10 -75 Mintu was recovered from the house of accused Kesta Pada, brother of Bistu Pada Das. Bistu married Mintu who was said to be aged 15/16 years, after such enticement. The F. I. R. was lodged at Mohanpur P. S. on 16 -10 -75 at 6 -05 A.M. On completion of investigation the accused persons were charge -sheeted and they were committed to the court of Session by the Sub -Divisional Judicial Magistrate, Ranaghat.

(3.) IT is against this order of acquittal the father of the girl has come to this Court in revision.