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2018 DIGILAW 940 (CAL)

Mizanul Mondal @ Akkash v. State Of West Bengal

2018-12-13

JOYMALYA BAGCHI, RAVI KRISHAN KAPUR

body2018
JUDGMENT : Joymalya Bagchi, J. 1. The appeal is directed against judgment and order dated 04.06.2015 and 05.06.2015 passed by the learned Additional Sessions Judge, 2nd Court, Krishnanagar, Nadia in Sessions Case No. 02(02)2014 (Special) corresponding to Sessions Trial No. XI(VII)/2014 convicting the appellant for commission of offence punishable under Section 366B of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay fine of Rs.5000/-, in default, to suffer rigorous imprisonment for six months more. 2. It appears that two other appellants in CRA 463 of 2015 by the self same judgment was disposed of by a common judgment and order dated 16.08.2018 by this Court whereby their conviction were reduced to Section 363 IPC and they were directed to suffer rigorous imprisonment for seven years each and shall pay an fine of Rs.5,000/-each, in default to suffer rigorous imprisonment for six months for commission of such offence. The appellant herein in CRA 539 of 2015 prefer this appeal before this Court. 3. Learned counsel appearing for the appellant submits that here client stands on the same footing as the other co-convicts. 4. I have perused the evidence on record particularly that of the victim (P.W. 1), P.Ws. 2 and 3. From their evidence it appears that appellant along with Santi Mondal and Mizanur Malita had taken the minors away from out of the custody of their legal guardians and had brought them into India. However, the intention of subjecting them to sexual exploitation is absent from the evidence on record. 5. Under such circumstances, I am inclined to extend the same benefit to the appellant herein in CRA 539 of 2015 and convert the sentence of the appellant herein to Section 363 IPC and reduce the sentence of the appellant and he is directed to suffer rigorous imprisonment for seven years and shall pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for six months for commission of such offence. 6. In view of the aforesaid discussion, I hold the appellant guilty for commission of offence under Section 363 of the Indian Penal Code. Accordingly, I reduce the sentence imposed on the appellant and direct him that he shall suffer rigorous imprisonment for seven years and shall pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for six months for commission of such offence. 7. Accordingly, I reduce the sentence imposed on the appellant and direct him that he shall suffer rigorous imprisonment for seven years and shall pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for six months for commission of such offence. 7. The appeal along with the application is accordingly disposed of. 8. Period of detention suffered by the appellant during investigation, enquiry and trial shall be set off against the substantive sentence imposed upon him in terms of Section 428 of the Code of Criminal Procedure. 9. Department is directed that appeals arising from the self-same judgment and order must be tagged together at the time of listing before appropriate Bench for hearing. 10. Copy of the judgment along with the Lower Court Records be sent down to the Trial Court at once for necessary compliance. 11. Photostat certified copy of the order, if applied for, be given to the parties on priority basis.