- (1.) The appellant is aggrieved by the judgment and order of the Additional Sessions Judge, Fourth Court, Nadia dated July 29, 2006 in Sessions Trial No. VII of January 2006 convicting and sentencing him under Section 366/376, IPC.
(2.) The sentencing part of the order is quoted below : - ''.......the convict Sofique Mondal is sentenced to suffer R.l. for 7(seven) years and also to pay a fine of Rs. 2,000/ - (Rupees two thousand only), in default to suffer R.l. for two months for the offence u/s 366 of the Indian Penal Code. He is also sentenced to suffer R.l. for 10 (ten) years and to pay a fine of Rs. 3000/ - (Rupees three thousand only), in default to suffer R.l. for three months for the offence u/s 376 of the Indian Penal Code. '' The FIR No. 315/05 was registered under Sections 363/366, IPC at Kotowali police station in Sadar sub -division of the district Nadia oh September 15, 2005 at 8.15 p.m. It was registered on the basis of the information given by the woman 's mother that on September 07, 2005 between 8 a.m. and 9 a.m., when finding her the 15 -year old younger daughter missing she started a search, she heard from people that the appellant, a married person having two children, induced her daughter, with intent to marry her, to go with him.
(3.) The appellant was arrested at Krishnanagar bus stand on September 15, 2005 at 9.35 p.m. The woman was with him. They both were produced before the Chief Judicial Magistrate, Krishnanagar on September 16, 2005. the woman was permitted to go with her mother. Her statement was recorded under Section 164, CrPC on September 16, 2005. The investigating officer filed an application dated October 26, 2005 for permission to add Section 376. The charge -sheet dated November 10, 2005 was submitted under Section 363/366/376. The charges were framed under Sections 366/376. The appellant pleaded not guilty and claimed to be tried.;