LAXMIKANTA MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two appeals are directed against the judgment and order of conviction dated 13.02.2015 and 16.02.2015 passed by the learned Additional District and Sessions Judge, Fast Track, 1st Court, Kontai, Purba Medinipur in Sessions Trial No. 03 (September, 2011) arising out of Sessions Case No. 221 (August, 2011) convicting the appellants under Section 366/366(A)/367/372/34 of the Indian Penal Code and under Sections 3/4/5/6 and 9 of the Immoral Traffic (Prevention) Act and sentencing the appellants Laxmikanta Maity @ Laxmi Maity and Nakul Bera to suffer rigorous imprisonment for ten years and to pay a fine of Rs.20,000/- in default to suffer rigorous imprisonment for a further period of one year for the offences under Sections 366/366(A)/367/372 of the Indian Penal code, and the appellants Chandan Pramanik and Sukdeb Laiya are sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 20,000/- each in default to suffer rigorous imprisonment for a further period of one year for the offences under Sections 366/366(A)/367/372 of the Indian Penal Code; the appellants are also sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.2,000/- each in default to suffer rigorous imprisonment for a further period of one month each for the offence under Section 3 of the I.T.P Act; the appellants Laxmi Maity and Nakul Bera are sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/- in default to suffer rigorous imprisonment for a further period of one month for the offence under Section 4 of the Immoral Traffic Prevention Act, while the appellants Chandan Pramanik and Sukdeb Laiya are sentenced to suffer rigorous imprisonment for seven years each and to pay a fine of Rs. 1,000/- in default to suffer rigorous imprisonment for a further period of one month each for the offence under Section 4 of the Immoral Traffic Prevention Act; the appellant Laxmikanta Maity and Nakul Bera are sentenced to suffer rigorous imprisonment for ten (10) years and appellants Chandan Pramanick and Sukdev Laiya are sentenced to suffer rigorous imprisonment for seven(7) years and to pay fine of Rs.2000/- each i.e. to suffer rigorous imprisonment for two (2) months each under section 5 of ITP Act; the appellants Laxmi Maity and Nakul Bera are also sentenced to suffer rigorous imprisonment for a further period of six months for the offence under Section 6 of the Immoral Traffic Prevention Act, while the appellants Chandan Pramanik and Sukdeb Laiya are sentenced to suffer rigorous imprisonment for seven years each and to pay a fine of Rs.10,000/- in default to suffer rigorous imprisonment for the offence under Section 6 of the Immoral Traffic Prevention Act; the appellants Laxmi Maity and Nakul Bera are further sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/- in default to suffer rigorous imprisonment of a further period of one month for the offence under Section 9 of the Immoral Traffic Prevention Act, while the appellants Chandan Pramanik and Sukdeb Laiya sentenced to suffer rigorous imprisonment for seven years each and to pay a fine of Rs. 10,000/- in default to suffer rigorous imprisonment for a further period of one month for the offence under Section 9 of the Immoral Traffic Prevention Act. All the sentences were ordered to run concurrently.

(2.) In order to appreciate the rival contentions advanced by the parties and issues involved, it is necessary to set out the facts of the case which give rise to the present criminal appeal:-

(3.) After that the informant (PW 1) lodged a First Information Report (for short the "F.I.R.") (Exhibit 1) before the Officer-in-charge, Ramnagar Police Station, Purba Medinipur, who registered the case for commission of offence punishable under Sections 365/366/366(A)/367/372 read with Section 34 of the Indian Penal Code (for short "IPC") and under Sections 3/4/5/6 and 9 of the Immoral Traffic (Prevention) Act (for short "ITPA") against the appellants and another.