JIBAN BAIDYA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE appellants, named above, were found guilty of committing offence punishable under Section 366 of IPC on a charge framed against them by learned Addl. Sessions Judge, Belonia, South Tripura, in connection with Sessions Trial No. 16(ST/B) of 2004, and they have been sentenced to suffer RI for three years and to pay a fine of Rs.20,000/ - each, in default, to suffer SI for six months. Being aggrieved with the judgment and order of conviction and sentence, the appeal is filed before this Court by the three appellants.

(2.) PROSECUTION 's case is that, on the intervening night of 28.07.2003 and 29.07.2003, Lipika Das, aged about 15 years, along with her parents (PWs.10 and 17), after taking their dinner, went to bed together, in their residential hut. On 29.07.2003, in the early morning, the inmates of the house found the victim girl Lipika missing, and they went on a search. PW.17, father of the victim girl, immediately reported the neighbours and relatives about the missing of Lipika. The informant and his neighbours and relatives, in different groups, went out towards Udaipur, Agartala and Sabroom to trace out the missing girl, and out of them, PWs.1 and 6 along with another Sambhu Dutta went to Udaipur and they found accused Gourab Das, Amiya Shil and Bikas Das at Brahmabari and took them to Matabari and interrogated them in a tea stall to which Amiya Shil confessed that they along with Jiban Baidya kidnapped the girl and that Jiban Baidya had taken her to Agartala in his sister's house. Police, thereafter, recovered Jiban Baidya along with the victim Lipika and brought her back. On 30.07.2003, PW.17 lodged the FIR alleging that Jiban Baidya along with accused Amiya Shil, Garib Das, Bikas Das, Mihir Das and Dulal Baidya kidnapped his daughter Lipika, who was minor at that time.

(3.) HEARD learned counsel, Mr. P.K. Biswas for the appellants and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.