SUVRA GHOSH, J. - (1.) Both the appeals are directed against judgment and order dated 17-08-2017 and 18-08-2017 passed by the learned Additional District and Sessions Judge, Fast Track, 5th Court at Alipore, 24 Parganas South in Sessions Trial No. 03(04)/2009 corresponding to the Sessions Case No. 107 (09)/2008. By the judgment and order impugned, the Learned Trial Court convicted the appellants for commission of offence punishable under Section 364A/120B of the Indian Penal Code and sentenced them to imprisonment for life and a fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for three months for offence punishable under Section 364A of the Indian Penal Code and to imprisonment for seven years and fine of Rs.3,000/-, in default to suffer rigorous imprisonment for another one month for offence punishable under Section 120B of the Indian Penal Code.
(2.) The prosecution case, in a nutshell, is that on 19-04-2008 one Brij Behari Shaw lodged a missing diary before the officer-in-charge, Bhawanipore Police Station to the effect that his son Abhisekh Shaw aged about 11 years and a student of class VII in Adarsh Hindi High School at Ramgarh, Kolkata went to school at about 12:00 noon for his examination and after appearing for his examination, did not return home. At about 10:20 PM, the complainant 's neighbour Pritam Singh received a phone call asking him to call Chanda Shaw, the elder daughter of the complainant and when Chanda took the call, she was informed over telephone that her brother would return home the next morning in lieu of some ransom.
(3.) On 20.04.2008, the missing diary was treated as First Information Report and Bhowanipore Police Station Case No. 101/2008 was registered under Section 364A of the Indian Penal Code (in short the IPC). The investigating officer submitted charge sheet against the petitioners and another namely Subodh Maity after completion of investigation, under Section 364A/120B of the IPC. Charge was framed against the four accused persons under Section 364A/120B of the IPC and upon the substance of accusation being read over and explained to the accused persons, they pleaded not guilty and claimed to be tried. The prosecution, accordingly, examined twelve witnesses in support of its case and the defense case, as it appears from the trend of cross-examination of the witnesses as well as statement of the accused under Section 313 of the Cr.P.C., is a denial of the prosecution case and a plea of innocence.;