- (1.) The present Criminal Appeal is directed against the judgment and order of conviction and sentence dated 28.06.2002 and 29.06.2002 passed by the learned Additional Sessions Judge, Fast Track Court 1, Krishnanagar, Nadia in Sessions Trial No. III of June, 2002 (Sessions Case No. 13 (5) 2002) convicting the Appellant of the offence under Section 364 A of I. P. C. and sentencing the Appellant to suffer imprisonment for life and to pay fine of Rs. 2,000.00 (rupees two thousand only) I. D. to suffer R. I. for 6 months more.
(2.) The facts of the case briefly stated, are as follows:-
(3.) On 05.04.2002 at about 8 p. m. the Appellant Amerul Sheikh along with others went to the house of Rahim Baksh Mondal and called Rahim Baksh and his son Najrul Mondal out of the house and asked Rahim Baksh and Najrul to follow them. After crossing over a little distance the Appellant and his gang released Rahim Baksh and took away by force Rahim Baksh s son Najrul towards some unknown destination and while thus taking away Najrul, the Appellant and his gang demanded a huge amount of money as the ransom for the release of Najrul. After being released Rahim Baksh returned to his village, reported the incident to his family members, co-villagers and to the local Police Camp and subsequently on advice by the local Police Camp, Rahim Baksh submitted a written complaint narrating the aforesaid incidents on the following day to the Thanapara Police Station, Nadia on the basis of which Thanapara P. S. Case No. 19/02 dated 06.04.2002 under Section 364 A/ 34 I. P. C. had been started against the Appellant. The victim Nazrul had been subsequently recovered from a different village;