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CALCUTTA HIGH COURT
S. Bhattacharya, J
Amirul Mondal alias Aminul v. State of West Bengal
| Table of Content |
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| 1. judgment sets aside previous conviction, convicting under lesser charge. (Para 1 , 8 , 20) |
| 2. victim's age and relationship with appellant question the nature of abduction. (Para 10 , 11 , 12) |
| 3. prosecution must prove intent and compulsion in kidnapping. (Para 13 , 14 , 16) |
1. Judgment and order of conviction and sentence dated 15th September, 2017 and 18th September, 2017 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Berhampore convicting the appellant under S.366/34 of the Indian Penal Code is under challenge in the instant appeal.
2. During night of 8th / 9th April, 2004 at about 1.00 a.m., minor daughter of the de facto complainant was kidnapped by the appellant and one Abdus Salam forcibly on gunpoint. The daughter of the victim girl could not raise any hue and cry out of fear.
3. The father of the victim girl lodged a written complaint to the Officer - in - Charge, Domkal Police Station on 9th April, 2004. On the basis of the said complaint, police registered Domkal Police Station Case No. 72 of 2004 under S.363/366 of the Indian Penal Code and took up the case for investigation.
4. During investigation, the victim girl was recovere
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