- (1.) The challenge in this appeal is to the judgment and order dated 16.04.2010 and 19.04.2010 passed by the learned Additional Sessions Judge, Fast Track Court No. 3, Barasat, North 24-Parganas in Sessions Trial No. 3(7) of 2007 arising out of Sessions Case No. 8(1) of 2007 thereby convicting the appellant Nantu Chakraborty alias Gopal for the offence punishable under Section 363 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay fine of Rs. 5,000/- with default clause.
(2.) The appellant herein along with two others were arrayed to face charge under Section 363/366/120B of the Indian Penal Code to which they pleaded not guilty and, as a result, trial commenced against them.
(3.) The co-accused persons were, however, found not guilty and were acquitted from the charges. The present appellant was found guilty of offence under Section 363 of the Indian Penal Code and, accordingly, his conviction and sentence was recorded by the judgment, which is impugned in this appeal.;