Ishan Chandra Das, J. - (1.) This criminal appeal has been directed against the judgment and order of conviction dated 22 -04 -2013 and 23 -04 -2013 passed by the Additional District & Sessions Judge, Amta, Howrah, in Sessions Trial No. 335 of 2012 wherein the learned trial court found the appellant and three others guilty of the offence punishable under Ss. 363/363A of the Indian Penal Code convicted and sentenced them to suffer rigorous imprisonment for seven years and to pay fine a sum of Rs. 5,000/ - each for each offence, i.e. under Ss. 363/363Aof I.P.C. subject to set off in terms of Sec. 428 of the Cr.P.C. with a further direction to run both the sentence concurrently.
(2.) Facts of the case, in brief is that on 28th day of June, 2012 while, Ajoy Pramanik, a boy of three years, son of the de facto complainant, Buddha Pramanick, while playing at his home at Gujarpur, Amta, Howrah, he was kidnapped the appellant and her three companions from lawful guardianship of the de facto complainant in order that such minor may be employed or used for the purpose of begging or the like. Such incident took place between 7 -30 and 8 a.m. on the date of alleged incident and stating the above noted allegations, the written complaint was lodged before the Officer -in -Charge of Amta P.S., Howrah, who, on receipt of such written complaint, started Amta P.S. Case No. 182 of 2012 dated 28 -06 -2012 under Ss. 363/363A/371/120B of the Indian Penal Code where the appellant and three others were brought before the court below to stand trial and accordingly learned trial court framed the following charges against the appellant, Saima Khatun @ Khatoon, and three others, which are quoted below: "First - That you, on or about the 28th day of June 2012 at about 7.30/8 A.M. out of criminal conspiracy with each other kidnapped Ajoy Pramanik aged about 3 years from lawful guardianship of Budha Pramanik of Vill. Sujarpur under P.S. Amta from the house of Budha Pramanik and thereby committed an offence punishable under Sec. 363/120B of the Indian Penal Code, and within the cognizance of this Court. Secondly - That you, on or about the 28th day of June, 2012 at about 7.30/8 A.M. out of criminal conspiracy with each other, not being the lawful guardian kidnapped a minor Ajoy Pramanik from his lawful guardian Budha Pramanik from the house of Budha Pramanik and obtained his custody in order to employ the minor in begging of in any illegal work or ack (sic) and thereby committed an offence punishable under Sec. 363A/120B of the Indian Penal Code, and within the cognizance of this Court".
(3.) Learned trial court, in course of trial, examined five witnesses altogether; whereas the appellant and others examined two witnesses to establish their defence and consequently on conclusion of trial, learned court below found the appellant and others guilty of the offence as complained of and convicted them accordingly, as quoted earlier.;