Md. Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated March 30, 1995 and March 31, 1995 respectively passed by the learned Sessions Judge, 2nd Bench, City Sessions Court, Calcutta in Sessions Trial No. 1 of August 1993 arising out of Sessions Case No. 12 of 1993. By virtue of the impugned judgment appellant was convicted for commissioning of the offence punishable under Section 373 of the Indian Penal Code (hereinafter referred to as I.P.C.) and was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 2000/- in default to undergo further rigorous imprisonment for six months and accused Ramesh Tamang was convicted for commissioning of the offence punishable under Sections 366A/366B and 372 I.P.C. and was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine or Rs. 2000/- for each of the sections (or on each count), in default to undergo further rigorous imprisonment for six months on each count with a direction that substantive sentences for the above three sections will run concurrently with further direction of set off the periods of detention undergone by the convicts Minu Tamang and Ramesh Tamang during investigation, enquiry or trial as per provision of section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) but the accused Sabir Sha @ Raju was acquitted from the charges under Sections 366A/366B/372 I.P.C.
(2.) The Prosecution case, in brief, is as follows: On February 20, 1993, P.W.11 along with other police personnel in pursuance of the statements of accused Ramesh Tamang and being led by him conducted raid in between 14.30 hrs. and 16.00 hrs. and recovered the victim girl, a resident of Nepal from the first floor southern side room of appellant of premises no. 15F, Durga Charan Mitra Street, Kolkata-6 where she was found running a brothel. On interrogation of the victim girl with the help of interpreter it revealed that about 2/3 months back she was kidnapped from her native village of Nepal by the accused Ramesh Tamang and Md. Sabir Shah @ Raju with the promise of giving her money, food and shelter in Kolkata and sold her to the appellant for engaging her in prostitution against her will.
(3.) Accordingly, a G.D.E. being no. 1592 dated February 20, 1992 was made at the Burtola P.S. and on the basis of the same, P.W.11 started Burtola P.S. Case no. 61 dated February 20, 1993 against Ramesh Tamang, Md. Sabir Shah @ Raju and Minu Tamang @ Mala, the appellant, under Section 366A/366B/372/373/120B I.P.C. and took up investigation of this case and thereafter on completion of investigation submitted charge sheet on March 26,1993 against them under Section 366A/366B/372/373/120B I.P.C.;