MIHIR DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The judgment dated 29-8-1998 passed by the learned Addl. Sessions Judge, Belonia, South Tripura in Sessions trial No. 68(ST/B) of 1997 convicting the appellant Mihir Das under Section 366 of Indian Penal Code (for short, 'IPC') and sentencing him to suffer RI for 3 years and to pay a fine of Rs. 3,000/- with default stipulation to suffer RI for 6 months more stands impugned in the present appeal.

(2.) The prosecution version is that on 10-12-1996 at about 10-30 am, Pampi Bhowmik, a minor daughter aged 16 years of the informant Dhanonjoy Bhowmick went to Kanchannagar High school to appear in Madhyamick examination. The examination was over at 1-30 p.m. whereafter she left the school and proceeded towards her house like other students. On the way, the appellant who was her close neighbour met her for a talk when a Maruti van coming from western direction stopped near them. One door of the vehicle opened with a youngman and the driver (their identity remained undisclosed) inside. It is alleged that the appellant forced her inside the vehicle which had immediately speed away. She could raise no cry for help as the appellant gagged her mouth with handkerchief. When the vehicle reached a place known as Kalirbazar, the main accused Pulak Das, who fled from trial later, joined them in the vehicle. They reached Sonamura where she was compelled to stay for a day in a house of one Sudhangshu Sarkar (not examined). On the following day, on 11-12-1996, she was brought to Agartala in a house at College tilla (none of the house inmates examined) and on 12-12-1996, she was again brought back to Sonamura. On 13-12-1996, she was taken to Bangladesh where she was compelled to stay in a house for 20/22 days. During her stay in Bangladesh, she was compelled to write some love letters and agree for joint photographs with accused Pulak Das. Pulak, her boy friend, tried to persuade her to marry him but she did not agree. She was again brought back to Sonamura and after a day taken back to Bangladesh. On 20-1-1997, she was again taken to Sonamura and then produced in the office of the Communist party of India (Marxist) to hand her over to her father. In her statement, she alleged that when she was brought to Agartala and stayed in a house she had seen Millan Das, the father of Pulak Das giving money to his son. Thus, investigation was launched and on completion whereof chargesheet was filed against Pulak Das, Mihir Das and Milan Das. The charge was framed against them under Sections 366 and 109, IPC to which all of them pleaded not guilty. After framing of charge, accused Pulak Das absconded and in his absence, the proceeding continued against other two accused persons, namely, Mihir Das and Milan Das. Learned trial Court by the impugned judgment acquitted Milan Das but convicted Mihir Das as noted above which has been assailed in the present appeal.

(3.) I have heard Mr. A. C. Bhowmik, learned counsel for the appellant and Mr. A. Ghosh, learned PP-in-charge for the State.