JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against the judgment and order dated 09.03.2004 passed by the Learned Additional District & Sessions Judge, 1st Fast Track Court, Hooghly in Sessions Trial Case No. 8/2003 arising out of Sessions Trial No. 59/96 convicting the appellant under Sections 366/109 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.1000/- in default to suffer further rigorous imprisonment for 6 months.

2. The prosecution case emanated on the basis of a complaint lodged one Nilima Chatterjee, inter alia stating that on March 26, 1991 at around 11:00 a.m. -11:30 a.m., the eldest daughter of the complainant, a student of class -VIII of Siksha Mandir Balika Vidyalaya went to her friend’s house at Kamarpara. However, the victim girl (PW-6) did not return to her house which made the complainant (PW-1) worried and went to Chinsurah Police Station for lodging a verbal complaint. Subsequently, the complainant found a piece of paper kept inside the books of the victim lady and it was written that the principle accused namely Tusthu Bera wishes to abscond with the victim lady (PW-6). On March 27,