The burden of proof lies on the prosecution to prove the guilt of the accused beyond a reasonable doubt. In the absence of sufficient evidence to prove the essential ingredients of the offense, the accused is entitled to an acquittal.

Raghunath Bhattacharya, J.

1. This appeal is directed against the judgment and order of conviction passed by Sri Bibek Chaudhuri, Additional District and Sessions Judge, Fast Track Court, Kalna, thereby convicting the appellant Niloy Modak for commission of the offence under Section 363 I.P.C. and sentencing him to suffer R.I. for five years and also to pay fine of Rs. 1,000/-I.D. to undergo S.I. for three months. Rest of the accused namely Apurba Biswas and Rebati Modak are acquitted from the charge under Section 363/366 I.P.C.

2. A thumbnail sketch of the prosecution case in brief is that Mampi Shikari a resident of Samudragarh, a teenaged girl lodged a written complaint to the local P.S. stating inter alia that on 21.09.2006 Niloy Modak accused cum covillager induced her and pretended that he used to love her. On 21.09.2006 in the noon Niloy took her to the Red Light area of Kadamtala at Kalna for some immoral purpose. Defacto complainant Mampi Shikari understood his illegal motive and purpose. Local resident and the member of the Durbar Mohila Samanwaya Committee saved her from the hand of Niloy Modak. Niloy Modak fled away. The member of the Durbar Mohila Samanwaya Committee brought her to Kalna P.S. and she lodged the complaint. Hence the prosecution case. The defence case as it appears from the trend of the cross-examination of the prosecution witnesses and answer given by Niloy Modak to his examination under Section 313 Cr.P.C. is that of absolute innocence.

3. On perusal of the C.D. and after hearing both side the learned Court framed charge against Niloy Modak, Rebati Modak and Apurba Biswas under Section 363/366 I.P.C. whereby each of them pleaded not guilty and claimed to be tried. In the instant case from the side of the prosecution as many as ten witnesses were examined whereas no witness was forthcoming from the side of the defence.

4. In order to bring home the charge leveled against the accused person from the side of the prosecution i.e. the State of West Bengal as many as ten witnesses were examined. The defacto complainant cum the victim girl Mampi Shikari was examined as P.W. 1. Joyotsna Sarkar is a resident of Kadamtala was examined as P.W. 2. Lata Dutta, a member of Durbar Mohila Samanwaya Committee was examined as P.W. 3. Uttara Shikari, mother of Mampi Shikari and Arun Shikari the father of Mampi Shikari were examined as P.W. 4 and P.W. 6 respectively whereas one Sandhya Das, another employee of Durbar Mohila Samanwaya Committee was examined as P.W. 5. P.W. 7 Biju Sikari and P.W. 8 Girish Sikari are the near relation of Mampi Sikari as examined as P.W. 7 and P.W. 8 respectively. Dipika Mukherjee, an N.G.O. and resident of Kalna examined as P.W. 9 whereas I.O. of this case Gopinath Chatterjee was posted at Kalna P.S. as S.I. of Police as examined as P.W. 10. On the basis of their oral testimony learned Court after hearing both side convicted the accused Niloy Modak and acquitted Rebati Modak and Apurba Biswas against the charge leveled against them.

5. Mampi Sikari (P.W. 1) contended that on the date of occurrence in the noon time she left the house and go to local B.D.O. office to correct the ration card of his brother. On the way to the B.D.O. office she met with Apurba Biswas and according to Mampi Apurba Biswas told her that Nilay want to meet her. It is a clear admission of Mampi that she had love affairs with Niloy as there is love affair between them Mampi went away with Niloy and Niloy took her to Kalna and reached a place where Mampi found that it was a Red Light area. According to Mampi some local inhabitants of that area asked her about the visit and she told to one Joyotsna (Masi) that she never came to the place and it is unknown to her. Thereafter some lady brought to her to the Kalna P.S. and she lodged a complain to Kalna P.S. It is in the evidence that Niloy Modak, Apurba Biswas and Rebati Modak brought Mampi to Kalna Red Light area on the fateful day and where she was interrog