RAJA GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. F.H. Laskar, learned counsel appearing for the accused/appellants in Criminal Appeal No. 90/2006. Heard also Mr. S. Bhattacharjee, learned counsel appearing for the accused/appellant in Criminal Appeal No. 77/2006. Heard also Mrs. A. Begum, learned Additional Public Prosecutor, Assam. The above appeals are directed against the judgment and order dated 31.3.2006 passed by the learned Additional Ad -hoc Sessions Judge, Karimganj. In Criminal Appeal No. 90/06, appellants, Sri Raja Ghosh @ Khona and Shri Santosh Das @ Narayan Das were convicted under Section 366 read with Section 109, IPC and sentenced to undergo rigorous imprisonment for 5 years and a fine of Rs. 5,000/ - in default to suffer additional 6 months simple imprisonment. In Criminal Appeal No. 77/2006, the appellant Smti. Rani Bala Paul was convicted under Section 306 read with Section 109, IPC and sentenced to undergo rigorous imprisonment for 5 years and a fine of Rs. 1000/ - and in default to suffer additional 6 months imprisonment. Since the above appeals are against the common judgment and order, these appeals are taken up together for hearing and disposal.

(2.) THE prosecution case is based on the written FIR lodged by PW 3 wherein it is stated that on 09.01.2003 at about 9 a.m. when the victim girl, Smti. Maumita Banerjee @ Sanu, minor daughter of the informant was returning home from private tutor's house, the accused Sri Raja Ghosh with the help of his fattier, mother, elder brother and another person kidnapped her. On receipt of the FIR, the police registered a case and after investigation submitted charge -sheet against the accused, Shri Raja Ghosh @ Alok, Smti. Rani Bala Paul, Sri Narayan Das @ Santosh Das and Sri Mithu Paul under Sections 143/366 -A, IPC. The case against Sri Mithu Paul was dropped on the police report that he had expired.

(3.) THE case was committed to the Court of the Session for trial against 4 accused persons. On the basis of the materials on record charge was framed under Sections 366/366 -A/109, IPC against the accused persons, who on being read over and explained pleaded not guilty and claimed to be tried. The prosecution examined in all 5 witnesses while the defence examined none. On appreciation of evidence and materials on record, the learned trial Court convicted and sentenced the accused persons as stated earlier.