Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 10th/11th November, 2009 passed by the learned Additional District & Sessions Judge, Fast Track, 2nd Court, Suri, Birbhum in Sessions Case No. 190/2007 [Sessions Trial No. 2 (October)/2007] convicting the appellant no.1 for commission of offence punishable under Sections 376/366A of the Indian Penal Code and appellant nos.2 & 3 for the offence punishable under Sections 363/372 of the Indian Penal Code and sentencing appellant no.1 to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 376 IPC and to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 366A IPC and sentencing appellant nos.2 & 3 to suffer rigorous imprisonment for seven years each and to pay fine of Rs.5,000/- each, in default, to suffer further rigorous imprisonment for one year each for the offence punishable under Section 363 IPC and to suffer rigorous imprisonment for ten years each and to pay fine of Rs.5,000/- each, in default, to suffer further rigorous imprisonment for one year each for the offence punishable under Section 372 IPC; all the sentences to run concurrently. Fine amount, if realised, to be paid to the victim (PW2).
(2.) The prosecution case as alleged against the appellants is to the effect that the victim (PW2), who was a minor, had been kidnapped by the appellant nos.2 & 3 from Kusaipur on the false promise of giving her employment. Tuni Hazra (PW1), father of the victim could not trace her out for about a month and hence lodged complaint.
(3.) Subsequently, the victim was recovered from the custody of appellant no.1 at Chandigarh and charge-sheet was filed against the accused persons. Initially, charges were framed under Sections 363/366A/373/376 of the Indian Penal Code. Subsequently, charge under Section 373 IPC was converted to Section 372 IPC. In the course of trial, prosecution examined 15 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgement and order dated 10th/11th November, 2009 convicted and sentenced the appellants, as aforesaid.;