The main legal point established in the judgment is the reliance on the evidence of the victim in cases of crime against women, the need for severe punishment in cases of trafficking and exploitation, and the presumption of certain facts in the absence of evidence.

( 1 ) MERCHANTS of the flesh trade have sought to countermand their well-ordained fate suffered in the annals of the Sessions trial No. 1 of September, 2001 before the learned Additional Sessions Judge, kandi, Murshidabad where the appellant upon his conviction in respect of the charges of sections 363a and 366a of the Indian Penal Code were sentenced to suffer Rigorous Imprisonment for eight (8) years each and to pay a fine of Rs. 2,000/- in default, to suffer Rigorous Imprisonment for further two (2) months with a sigh of relief that the sentences were to run concurrently; while another architect of the sinister design Mst. Samina Bibi was, although found guilty, let off on probation.

( 2 ) INDIGENT Suraiya Bibi (PW1) forsaken by her husband in order to niche an existence for herself and her offsprings had offered her daughter, Meherunessa (PW3) as a domestic help in the house of the accused persons while she just entered her teen age. Feigning compassion upon PW1 the accused took the pretension that they will make arrangements for the marriage of Meherunessa (PW3) and took her along with them for a tour to Saudi Arabia. Hapless Suraiya bibi (PW1) was induced to believe that the accused persons, who would spend money for her (PW3) marriage and she would be given gold ornaments.

( 3 ) FATE decided otherwise. PW1, Suraiya Bibi received a rude shock when she had to take the custody of PW3, little Meherunessa from a Borstal Home in Berhampore.

( 4 ) TALE told by little Meherunessa (PW3) jolted the fanciful hope of Suraiya bibi (PW1) who, like all mothers, was delighted in the prospect of the matrimony of her daughter.

( 5 ) IT was a tale told in tears and written on shame. It was a long trail from berhampore to Saudi Arabia for little Meherunessa (PW3); prospects of a happy matrimony and the blooming roses of a blissful wedded life, which was otherwise beyond the reach of a destitute mother (here Suraiya Bibi, PW1) must have consoled the separation from her mother (PW1 ).

( 6 ) IT is said that when you part - a part of you dies. With the parting of little meherunessa (PW3) from her mother (PW1) for her ensuing voyage she did not realize that a part of her lay dead in Berhampore - the little flower that was meherunessa before nightmare gulped her.

( 7 ) ALAS it was only thorns but no roses for her when she was forced to beg for alms and became the latest consumable article in the voluptuous meat market and satisfy the carnal lust of the vendors of the ancient profession in the world who feasted on tender flesh of the hapless little Meherunessa (PW3) until such time she retrieved herself and surrendered to the Saudi Arabian Police from where she was deported to Bombay and then found her place in the Borstal home in Berhampore from where she was taken custody of by her mother, suraiya Bibi (PW1 ).

( 8 ) GRISLY details, gory facts, gaucus circumstances which throws a ring around the prosecution case.

( 9 ) IN order to countenance the situation arising out of the post-conviction stage the appellant has preferred the appeal on several grounds.

( 10 ) WHILE we have to assess his plea as a First Court of Appeal we, by necessary implication, have also to assess the evidence touching on co-accused mst. Samina Bibi, who although was found guilty in respect of both the charges for which the appellant was convicted, was let off on probation and as a suo motu Rule was issued by a Division Bench of this Court, it, by necessary implication, requires that the case of Mst. Samina Bibi should have to be assessed as a whole along with that of her husband the present appellant, foyam Sk.

( 11 ) WE found that the Rule issued by the Division Bench was duly served upon the accused Mst. Samina Bibi; but, she did not choose to appear at the time of hearing of the Rule. For the greater interest of justice, lest she should not remain unheard we by our order dated 14. 8. 2003 engaged a Counsel from the State Panel-Shri Ranjit Gh