- (1.) The instant appeal is directed against the judgment and order dated 29th July, 1988 passed by the learned 1st Court of Additional Sessions Judge. Midnapore, in S.T. Case No. XVIII of May, 1987. The learned Court by the said judgment found the appellant guilty of the offence under section 366 of the Indian Penal Code. The appellant was convicted accordingly and was sentenced to suffer rigorous imprisonment for five years.
(2.) The prosecution case in brief is :-- The victim, Anuva Mondal, was a school-going minor girl. She was kidnapped by the accused, Sk. Manu @ Manwar on 8th January, 1985 at Kanchannagar within P.S. Nandigram. It was with the intent to force her to marry or to have sexual intercourse against her will. The other accused persons abetted accused Sk. Manu in the commission of the said offence of kidnapping. The father of the victim girl was staying at a different place at the relevant time. After receiving information about the missing of his daughter, he rushed to the village. Since he could not trace his daughter despite searches, he lodged complaint with the police authority.
(3.) Investigating authority on the basis of the said complaint which was treated as FIR, proceeded with investigation and after completion of investigation, submitted chargesheet. Learned Court framed charge as against the present appellant, Sk. Manu @ Manwar under sections 366/376 of IPC whereas the remaining 9 accused persons were tried for the offence under sections 366/109 of the IPC.;