Point of Law: Reliability of witnesses - Prosecution witnesses - Throughout cross-examination truthfulness of prosecution version was challenged to limited extent of veracity of witnesses who had been deposing before Court and it is only for first time while being examined under Section 313 of Cr.P.C. accused took a plea “I was going along the road and stopped to purchase cigarette and then some other persons apprehended and detained me.” Such a plea at least fortifies presence of accused at place of occurrence and same supports prosecution version of being present in red light area as narrated by prosecution witness.

JUDGMENT :

TIRTHANKAR GHOSH, J.

1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 27.09.2016 and 28.09.2016 passed by the learned Additional District and Sessions Judge, F.T. Court No. II, Bichar Bhawan, Calcutta, in connection with Sessions Trial No. 2(4)2013 arising out of Sessions Case No. 05 of 2013 where the appellant was held guilty for commission of offences punishable under Sections 363 and 366A of the Indian Penal Code.

2. The learned Trial Court was thereafter pleased to sentence the accused as under:

(i) The convict Haradhan Dutta is sentenced to suffer imprisonment for five (5) years and to pay fine of Rs. 10,000/- for the offence under Section 363 of I.P.C. i.d. to suffer R.I. for six months.

(ii) The convict Haradhan Dutta is also sentenced to suffer R.I. for seven (7) years and to pay fine of Rs. 10,000/- i.d. to suffer R.I. for six months for the offence under Section 366A of I.P.C.

3. The genesis of the case relates to a statement of the victim girl namely, Rangila Khatoon, recorded by Sub-Inspector of Police attached to Detective Department on 06.08.2012 pursuant to which Burtolla Police Case No. 344/2012 dated 06.08.2012 was registered for investigation under Section 366A/372/511/120B of the Indian Penal Code.

4. The statement of the victim which has been treated to be the First Information Report of the instant case is as follows:

“My name is Rangila Khatoon. I am 14 years old. My residential address is, Village: Nohalberia, Post-Batul, P.S. Bagnan, District Howrah. I have studied upto class V in Nohalberia School. My father Taj Mohammad and mother Sabana Begam live in Lucknow. My two younger brothers and a sister also live in Lucknow with father and mother since long. I visited there 2/3 times. My father works in a hotel there. I live with my grand mother Nurbanu Begum in our village. Our financial condition is not stable. As my grandmother was unable to afford my studies, I had to engage myself as a house maid (for washing utensils) for sometimes. Almost 15/20 days back as I rang my father, he told me to go to Lucknow to stay with them. Since our Eid festival is ensuing, so I was been to visit my father and mother. Today (6.8.12), in order to go to Lucknow, I set off from home, alone in the morning. The train was scheduled to depart in the night, still I left home well before. When I stepped down on platform no. 11 in the Howrah Station, a man approached me and asked my where about. I told him all. The man told me that I had enough time in hand, before the schedule departure of my train to Lucknow. He told me to accompany him to one of his friends house and after spending some time there, he himself would come to back with me to help me in boarding illegible train. The man introduced himself as a police personnel and that is why I trusted him. After that, he brought me to Kolkata at about 2.30 P.M. by availing the ferry service from Howrah. After reaching Kolkata he hired an autorickshaw and took me to a place which was very crowded and where I saw something like rail tracks (later came to road as tram car). He then told me that I am taking you to my friend’s house, but on the way, you don’t walk beside me and keep some distance. While we were approaching a narrow lane, I saw some well-dressed girls waiting there. When I asked him about the place, he told me nothing to be worried. But, I could realize that the place was not safe. The man had taken me there with an aim either to sell me or for any bad intention. I started shouting. The girls who were there caught hold of the man. Thereafter, many other girls came there. Police arrived. Rescued me. The police, in front of those girls, questioned me. I told them everything, the man, while we were travelling by Auto, told his name as Haradhan Dutta. I have told everything before the police so that the man gets punishment. After that police arrested that man (Haradhan Dutta) and left the place.”

5. The Investigatin