SUBHASIS DASGUPTA,J. - (1.) This criminal appeal is against the judgment and order dated 29.08.2014, passed by the learned Additional Sessions Judge, 2nd Court, Raiganj, Uttar Dinajpur, in Sessions Case No. 139 of 2010 convicting the accused/appellant under Section 363 / 366 / 376 of Indian Penal Code and sentencing him thereunder to suffer Rigorous Imprisonment for seven (7) years, and to pay fine of Rs.2000/- (rupees two thousand) in default, to suffer Rigorous Imprisonment for further two months for committing offence under Section 366 of the Indian Penal Code and also to suffer Rigorous Imprisonment for ten (10) years and to pay a fine of Rs. 3000/- (rupees three thousand) in default, to suffer Rigorous Imprisonment for further three months, for offence under Section 376 of the Indian Penal Code.
(2.) The factual matrix, as established during trial, may be put in short compass as follows: - The accused appellant kidnapped and abducted the victim girl, a fourteen (14) year old girl, when the victim girl had been to her private tutor for taking tuition, and then took her away to Raiganj and then to Dalkhola and finally to Islampur, wherein she was kept detained for twelve (12) days, after getting her forcibly married, and further did cohabitation with her giving deaf ear to the protest raised by the victim girl. The accused appellant ultimately surrendered at Hemtabad Police Station on 29.08.2008, being accompanied by victim girl. The victim girl was directed to be returned as per order of the court, dated 30.08.2008 to her father/complainant. The victim girl was put up for her medical examination in the like manner, as accused appellant was put up before the Hospital authority. Over this incident, the father/complainant submitted a complaint on 27.08.2008 with inspector-in-charge of Kaliyaganj P.S. alleging that the victim girl had not returned home since 18.08.2008, the day when victim girl left home for her private tuition. Till 27.08.2008, complainant did not find the existence of his victim daughter even after doing necessary search for the purpose. On the basis of this complaint, police took up investigation. In course of investigation, the age of the victim girl was attempted to be ascertained by conducting ossification test of the victim girl. After conclusion of investigation, police submitted charge sheet. Accused appellant was put up to trial against a charge of Under Section 363 / 366 / 376 of I.P.C. The Trial Court after collection of as many as eleven (11) witnesses held the accused person to be guilty and convicted under Section 363 / 366 / 376 of I.P.C.
(3.) The prosecution case in simpliciter is that accused/appellant, having independent family, comprising of wife and children, and also doing saloon business of his own, had taken away the victim girl, pursuing then study in class six (VI) of a school, to Islampur within the district Uttar Dinajpur, and then made the victim girl worn conch and vermilion to get her married, and detained her there for twelve (12) days together, when accused did his forceful sex doing cohabitation with the victim girl against her wish.;