MUKLU @ MUKLU MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 21.09.2013 and 23.09.2013 passed by the learned Additional Sessions Judge, Fast Track Court - IV, Krishnagar in Sessions Case No. 43(6) 2009/Sessions Trial No. VIII (1) 2010 convicting the appellant for commission of offence punishable under Section 363/366A/372/367 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- in default, to undergo simple imprisonment for two years more.

(2.) Prosecution case as alleged against the appellant is to the effect that the victim who was a minor at the time occurrence had been kidnapped by the appellant and taken to Kashmir on the false promise of giving employment and money. Thereafter, she was compelled to cohabit with one Akbar Lone upon exchange of money. As the victim was untraceable for six months, her father (P.W. 1) lodged FIR resulting in registration of Nakashipara P.S case no. 365 of 2007 dated 30.12.2007 under section 363/366A/372/34 IPC. In the course of investigation, the victim was recovered from Kashmir and her statement was recorded under section 164 Cr.P.C. Appellant was arrested and put on trial.

(3.) Charges were framed against the appellant under Sections 363/366A/372 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.