NEMAI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dated 26th Aug., 2008 passed by the Learned Additional Sessions Judge, Fast Track, 3rd Court, Tamluk, Purba Midnapore in Sessions Trial No.1 (10) of 2007 arising out Sessions Case No.12(6) of 2007 (D.J.). The appellants were convicted under Sec. 363 of the Indian Penal Code, for two years simple imprisonment and to pay fine of Rs.500.00 each.

(2.) The prosecution case in brief is that on the 27th of April, 2007 at about 10.00 am the Victim Girls (VGs) Yasminara Khatun @ Sathi, stated to be aged about 16 years and Sarmila Khatun @ Mina stated to be aged about 13 years left their home and their parents Jainal Abedin Bhuinya (PW1) and Ismat Ara Begum (PW4), for collecting the results of their annual examination from Kola Union Jogendra Girls' High School, at Barisha under Kolaghat P.S. The said two girls did not return home and the parents after searching for them in the house of relatives and friends lodged a complaint (by the mother) on the 2nd of May, 2007 with the Kolaghat Police Station in that regard.

(3.) After being informed by one Gopinath Ghorai (PW 5) on 5th May, 2007 at about 9.00 am, that the two VGs were taken away by the appellants Saikat Kurmi (Deo) and Nemai Das by enticement and may have sold them or forced them into illicit intercourse, the complainant informed the police, as such. The said two appellants were admittedly employees of the businesses of the said Gopinath Ghorai from whom their addresses were received.