- (1.) The challenge in this appeal is to the judgement and order dated 25th /26th November, 2009, passed by the learned Additional District & Sessions Judge, Fast Track Court- 3, North 24 Parganas at Barasat in Sessions Trial case no. 1 (11) of 2008, corresponding to Sessions case no 25 (9) of 2008, thereby convicting the appellant under Section 366 A and 376 of IPC and sentencing to suffer R.I. for 7 years and to pay fine of Rs. 5000/- for both the offences which would run concurrently.
(2.) Hari Nandi, the appellant has assailed the judgement on the following grounds : a) that the learned Court framed charges against the appellant wrongly and thereby caused gross miscarriage of justice; b) that the learned Court failed to appreciate the evidence on record in its proper and true perspective; c) that the learned Court admitted irrelevant evidence and materials into evidence and failed to consider material and relevant portion of evidence while recording the conviction; d) that the learned Court failed to take into consideration the discrepancies in the evidence of the prosecution witnesses on material points; e) that the learned Court failed to appreciate the fact that the victim was a major girl at the relevant point of time and there was no case of kidnapping against the appellant; f) that there was no injury on the private parts of the victim suggesting commission of rape; g) that the judgement impugned is based on surmises and conjecture and it being bad in law is liable to be set aside; h) that the learned Court failed to adopt proper method of examining the appellant under
(3.) Sandhya Banerjee, mother of Sutapa Banerjee lodged one complaint in the Court of Chief Judicial Magistrate, Barasat alleging therein that the appellant Hari Nandi and two others eloped her minor daughter Sutapa Banerje,e aged about 13 years, with mala fide intention to give marriage with the appellant Hari Nandi. Hari Nandi was married man having children. The Minor Sutapa was found missing since 23.2.2008 and a G.D. entry to that effect was recorded in Ashoknagar Police station on 26.2.2008. Sandhya Banerjee came to know that Hari Nandi, the appellant had been living with her minor daughter as her husband somewhere in Kolkata within the knowledge of other two accused persons. Sandhya Banerjee prayed for referring the complaint to Ashoknagar Police station to investigate into the matter treating the same as F.I.R. On the basis of said F.I.R,. Ashoknagar police station case no. 76 dated 24.3.2008 was registered against appellant and two others.;