- (1.) The challenge in this appeal is to the judgement of conviction dated 21.12.2009 and order of sentence dated 22.12.2009 passed by the Additional Sessions Judge, Fast Track Court No. Ill at Howrah in Sessions Trial No. 86 of 2008, thereby convicting the appellant to the charge under Section 364 of IPC and sentencing him to suffer R.1. for 7 years and to pay fine of Rs. 5000/-.
(2.) The judgment assailed on the following grounds : a) that the learned Court failed to appreciate the evidence on record in its proper and true perspective; b) 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; c) that the learned Court failed to appreciate that prosecution cited and examined only interested witnesses known to the de facto complainant but the vital witness like 'Darowan' was not examined; d) that the victim allegedly was thrown in a drain but no mark of injury could be detected on his person; e) that the learned Court failed to consider that the victim child was not taken to Joysowal hospital or to the local police station immediately after recovery but one Manoj Singh (P.W. 9) kept the boy with him in his house which is neither acceptable nor believable; f) that the learned Court failed to take into consideration the discrepancies in the material evidence and delay in sending the F.I.R. in Court; g) that the judgement being otherwise bad in law, is liable to be set aside; Succinctly, the case of the prosecution is that one Ganesh Roy lodged one F.I.R. in the Howrah police station on 25.12.2007 to the effect that his son Bishal Ray, aged about 5 years was found missing since the evening of 23.12.2007 for which a G D entry was recorded at Howrah police station. Thorough search was made to find out the missing child at different places. On 25.12.2007, Ganesh Roy received an information that his son Bishal was found by a person named Monoj Singh (P.W. 9). Receiving the information, Ganesh Roy and his relations together with local people went to the house of Monoj Singh at Bally, found his son there and came to learn that Bishal was recovered by some local person from a drain situated near 26, M.P. Ghora Street. Bishal told them that in the evening of 23.12.2007 he was picked up by Satindar Chacha (appellant) who pressed his throat and threw in the drain.
(3.) Basing on the said F.I.R., Howrah police station case No. 262 of 2007 dated 25.12.2007 was registered under Section 364 of IPC against the appellant. The investigation into the case ended in a charge- sheet under Section 364 of the IPC against the appellant. The appellant pleaded not guilty to the charge framed against him by the learned Trial Court under Section 364, IPC and, accordingly, the trial commenced.;