BIPRAJIT HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order of conviction and sentence dated 6th May, 2017 and 8th May, 2017 passed by the Additional Sessions Judge, 7th Court, Barasat, North 24-Parganas in Sessions Trial No. 1(6) of 2014 arising out of Sessions Case No. 2(2) of 2014 whereby the appellant/accused was convicted for the offences punishable under Sections 363/366 I.P.C. and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 10,000.00 in default to suffer rigorous imprisonment for ten months for the offence punishable under Sec. 363 I.P.C. The appellant was further sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 10,000.00 in default to suffer rigorous imprisonment for ten months for the offence punishable under Sec. 366 I.P.C. The substantive sentences were ordered to run concurrently.

(2.) Bereft of unnecessary details, prosecution case is that on 8th Aug., 2012 at about 11 A.M. when the victim girl, aged about 15 years was standing in front of her house, the appellant/accused Biprajit Halder allured her by proposing to marry her and took her away. A missing diary was lodged by the mother of the victim who subsequently came to know that Biprajit's parents, elder brother and two friends were involved in the incident. On the basis of a written complaint lodged by the mother of the victim girl at Asoknagar P.S. on 10th Aug., 2012, the case being Asoknagar P.S. Case No. 417 of 2012 dated 10th Aug., 2012 under Sections 363/366/34 of the I.P.C. was initiated against the appellant and others. Investigation culminated in the submission of the charge-sheet under Sections 363/366/376/34 I.P.C. against the appellant and three others being his parents and elder brother.

(3.) The trial Court framed charges for the offences punishable under Sections 363/366/376 I.P.C. against the appellant herein while the three co-accused were charged for the offences punishable under Sections 363/366/34 I.P.C. to which each of them pleaded not guilty and in consequence, trial commenced.