Vinod Kumar Sinha, J. - (1.) Heard the parties.
(2.) Both the appellants stand convicted under Sections 363 and 365 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years, on both counts, and also fined Rs.5,000/- with default clause. Further, appellant, Shankar Das, has also been convicted under Section 366 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and fined of Rs.1000/- with default clause.
(3.) Prosecution case, as stand on the written report of Reshma Mosmat, P.W. 5, in short, is that on 24.12.1984 at 08.00 P.M. her grand-daughter, Gauri Kumari, called by wife of Ranejdra Tanti, Hemlata, when Gauri became free after baking brerad and since then her grand-daughter is traceless. Later, she came to know, on enquiry, that Cleaner (Khalasi) of Rajendra Tanti, Shankar Das had kidnapped her grand-daughter. Further case is that wife of Rajendra Tanti refused to have any knowledge about the occurrence and at the time of calling her grand-daughter, she (wife of Rajendra Tanti) said that mother of Shankar Das is calling her. It is also stated that mother of Shankar Das, on enquiry, refused to acknowledge the same that she had called her.;