JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against the judgment and order of conviction dated 21st May, 2005, passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Malda, in Sessions Trial No. 8(9)/2003, arising out of Sessions Case No. 253/2002, (G.R. No. 928/99) arising out of Gazole Police Station Case No. 88/99 under Sections 364/34 of the Indian Penal Code and convicting the appellants for alleged offence punishable under Section 365 of the Indian Penal Code and sentenced the appellants to undergo rigorous imprisonment for 6 years each and to pay a fine of Rs. 1000/-each in default to suffer simple imprisonment for 3 months more.

2. The prosecution case precisely stated that on 10.6.99 at about 4 P.M. the appellants came to the house of the complainant and coerced her son Asiruddin the appellants to their house and kept him roped. At about 3 A.M. she came to know from neighbor Fazlul Haque that her son escaped after slitting the rope. She could not find her son on search. She suspected that the appellants concealed her son with an intention to kill him.

3. On the basis of the said written complaint, Gazole Police Station case being No. 88/99 d