JITENDRA NATH CHAUDHURY, J.

( 1 ) - This appeal arises out of the Sessions Trial Case No. XIX of January 1978 held by the learned Sessions Judge, Midnapore. In the said Trial the present appellant Sk. Yusuf was charged alone under section 368 I. P. C. as well as under Section 366/34 I. P. C. along with four other accused. All the other accused persons were acquitted at the trial and the present appellant was also acquitted of the charge under Section 368 I. P. C. but was convicted alone of the lesser offence under Section 363 I. P. C. on the charge under Section 366/34 I. P. C. and was sentenced to 3 years rigorous imprisonment.

( 2 ) THE prosecution case in short was that on or about 8. 4. 1977 the appellant along with the other accused persons kidnapped a minor girl Parvinnessa from the lawful guardianship of her father Abdul Rahaman - P. W. 1 from his residence at Calcutta. The prosecution examined 8 witnesses of whom P. Ws. 1 and 4 are the father and brother respectively of Parvinnessa. P. Ws. 2 and 3 are the doctor and the radiologist who examined the girl. P. W 5 and 6 are the witnesses who were present at the time of the recovery of the girl from the house of the appellant

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