Joymalya Bagchi, J. - (1.) The appellants and other co-accused persons were convicted for commission of offences punishable under Sections 395/397 of the Indian Penal Code and were directed to suffer rigorous imprisonment for five years and to pay fine of Rs. 1,000/- in default to suffer further rigorous imprisonment for six months more. Although other accused persons did not challenge their conviction and sentence, the appellants have preferred the aforesaid appeals. Nobody appeared for the appellants.
(2.) Prosecution case as alleged against the appellants is to the effect that on 10.07.2001 around 1.05 P.M.-1.10 P.M. while she was travelling in a mini bus of Howrah-Kasba-Rathtala route along with an employee of her father, Manik Mondal, 6/7 miscreants boarded the bus near Gariahat Bondel Road crossing and upon brandishing knife snatched away her mobile phone, sim card and a ladies hand bag containing Rs.680/-. Thereafter, they got down from the bus and got into a Taxi bearing registration no. WMT 2841 near Kwality Restaurant and fled away. The victim chased them towards Gariahat and informed the police officer at the spot. The police officer intimated other officers over wireless and the miscreants were apprehended and stolen articles were recovered. On the complaint P.W.1 the instant case was registered.
(3.) Ms. Zareen N. Khan appearing as Amicus Curiae submitted that the evidence of the victim, P.W.1 is not supported by Manik Mondal, her companion, who has not been examined in the instant case. Her version is fraught with improbabilities and it is patently absurd that she had chased the miscreants which is not corroborated by any independent witness. It is also submitted that the version of P.W.2, the Taxi driver is not beyond doubt. She accordingly prayed for acquittal of the appellants.;