Joymalya Bagchi, J. - (1.) These appeals are directed against the judgment and order dated 16.03.2017 and 17.03.2017 passed by the learned Additional Sessions Judge, Dinhata, Cooch Behar convicting the appellant Sofiqul Miah @ Chhabidul Haque in CRA 301 of 2017 for commission of offence punishable under section 366 of the Indian Penal Code and section 376(2)(i) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for six months more and for the offence punishable under section 366 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.50,000/-, in default, to suffer simple imprisonment for ten months more for the commission of the offence punishable under section 376(2)(i) of the Indian Penal Code and convicting Tamiz Miah, Nomiz Miah and Kaldewa @ Faldeoa Miah for commission of offence punishable under sections 366/109 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 7 years each and pay a fine of Rs. 10,000/- each, in default, to suffer simple imprisonment for six months more for the commission of the offence punishable under sections 366/109 of the Indian Penal Code. The amount, if realized, shall be paid as compensation to the victim (P.W.10).
(2.) The prosecution case as alleged against the appellants is to the effect that the victim aged about 13 years was abducted by the appellants on 16th April, 2009 when she was returning after handing over meal to her father Chengtu Barman (P.W.3) and brother Manindra Barman (P.W.6) at Madaikhaler Kalir Mala, Bamanhat. On her way back home, the appellants enticed her away and Chhabidul raped her. On 19.04.2009 Chhabidul and his associates informed P.W. 3 that his daughter was with them. On 23.04.2009 P.W.3 lodged FIR against the appellants with Dinhata P.S. resulting in registration of Dinhata P.S. Case No. 192/2009 dated 23.04.2009 under sections 366A/34 of the Indian Penal Code. In the course of investigation the victim was recovered. She was medically examined and her statement was recovered under section 164 Cr.P.C. In conclusion of investigation, charge-sheet was filed against the appellants.
(3.) The case was committed to the court of sessions and transferred to the Court of the Additional Sessions Judge, Dinhata, Cooch Behar. Charge was framed against Sofiqul Miah @ Chhabidul Haque under section 366/376 of the Indian Penal Code and against other accused persons, namely, Tamiz Miah, Nomiz Miah and Kaldewa @ Faldeoa Miah under sections 366/109 of the Indian Penal Code. They pleaded not guilty and claimed to be tried.;