- (1.) This appeal is directed against the judgement and order of conviction passed by Sri Bibek Chaudhuri, Additional District and Sessions Judge, Fast Track Court, Kalna, thereby convicting the appellant Niloy Modak for commission of the offence under Section 363 I.P.C. and sentencing him to suffer R.I. for five years and also to pay fine of Rs. 1,000/- I.D. to undergo S.I. for three months. Rest of the accused namely Apurba Biswas and Rebati Modak are acquitted from the charge under Section 363/366 I.P.C.
(2.) A thumbnail sketch of the prosecution case in brief is that Mampi Shikari a resident of Samudragarh, a teenaged girl lodged a written complaint to the local P.S. stating inter alia that on 21.09.2006 Niloy Modak accused cum covillager induced her and pretended that he used to love her. On 21.09.2006 in the noon Niloy took her to the Red Light area of Kadamtala at Kalna for some immoral purpose. Defacto complainant Mampi Shikari understood his illegal motive and purpose. Local resident and the member of the Durbar Mohila Samanwaya Committee saved her from the hand of Niloy Modak. Niloy Modak fled away. The member of the Durbar Mohila Samanwaya Committee brought her to Kalna P.S. and she lodged the complaint. Hence the prosecution case. The defence case as it appears from the trend of the cross-examination of the prosecution witnesses and answer given by Niloy Modak to his examination under Section 313 Cr.P.C. is that of absolute innocence.
(3.) On perusal of the C.D. and after hearing both side the learned Court framed charge against Niloy Modak, Rebati Modak and Apurba Biswas under Section 363/366 I.P.C. whereby each of them pleaded not guilty and claimed to be tried. In the instant case from the side of the prosecution as many as ten witnesses were examined whereas no witness was forthcoming from the side of the defence.;