SUDARSHAN NANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 6th Fast Track Court, Bichar Bhavan, Calcutta in Sessions Trial No. 1 (3) of 2005 arising out of Sessions Case No. 92 of 2004 sentencing thereby the appellants to suffer rigorous imprisonment for eight years and to pay fine of Rs.1,000/- each, in default to suffer rigorous imprisonment for six months under Section 373 of the Indian Penal Code and to suffer rigorous imprisonment for eight years and to pay fine of Rs.1,000/- in default to suffer rigorous imprisonment for six months each under Section 120B of the Indian Penal Code with the direction that both the sentences shall run concurrently.

(2.) A complaint was lodged by S. I. Debol Kumar Das suo motu wherein it has been alleged that after receiving information the complainant along with lady constable Usha Pradhan and lady Home Guard Kajal Ghosh rescued two minor girls and arrested two accused persons from the room of Laxmi Rani Ghosh situated at 3rd floor, 20, Durga Charan Mitra Street, Calcutta-700 006.Taking two witnesses, the complainant and his force went to the said premises in the third floor and found Jamuna Shaw and Gurbari Andia inside the room situated at the right side of the staircase. On being asked they stated that on 05.6.2002 they were brought by Laxmi Rani Ghosh @ Padma Rani Ghosh, the owner of that room and Sudarshan Nandi from their native village within the District of Baleswar, Orissa for the purpose of illegal prostitution. The girls were rescued and the accused persons were arrested from inside the premises at 20, D.C. Mitra Street, Calcutta -700006.

(3.) After return to the P.S. a case was registered being Section C Case No.135 dated 15.6.2002 under Sections 373/120B of the Indian Penal Code and a G.D. Entry to that effect was also made being G. D. Entry No. Section C No. 1735 dated 15.6.2002. After completion of investigation the charge-sheet was submitted. The charge was framed under Sections 373 and 120B of the Indian Penal Code to which the accused persons pleaded not guilty and claimed to be tried.