1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 04.10.2023 and 05.10.2023 passed by the learned Additional Sessions Judge, Rampurhat, Birbhum in Sessions Trial No. 04 / February / 2016 arising out of Sessions Case No. 156 of 2015, thereby convicting the appellant under S.341/366/376 of the Indian Penal Code and sentencing him as follows:
(i) For the offence punishable under S.341 of IPC - Simple Imprisonment for one month;
(ii) For the offence punishable under S.366 of IPC - Rigorous Imprisonment for 7 (seven) years and a fine of Rs.5,000/-, i.d. to suffer further R.I. for 3 (three) months;
(iii) For the offence punishable under S.376 of IPC - Rigorous Imprisonment for 7 (seven) years and fine of Rs.5,000/-, i.d. to suffer further R.I. for 3 (three) months.

2. Nalhati Police Station case No. 92/10 dated 17.04.2010 was registered for investigation on the basis of a written complaint filed by 'Y' (brother of the victim 'X'). The allegations made in the written complaint addressed to the Officer - in - charge, Nalhati Police Station were to the effect that the accused promised to marry his sister 'X' but she used to avoid him. However, the accused used to visit her during day and night and even when his sister used to come to market then the accused would go around the road and threaten to beat her. The incident was informed to villagers, the villagers called the accused for settlement / meeting however, the accused did not attend the settlement / meeting and disobeyed the villagers. On 28.03.2010 at about 10.00 am when the victim had been to Nalhati market from then onwards she did not return home. The complainant alleges that his sister is a widow having two minor sons and the accused kidnapped her and confined her at a secret place.
On the basis of the aforesaid complaint Nalhati Police Station registered the case under S.341/363/366/506 of the Indian Penal Code and the Officer - in - charge was pleased to endorse the case to Sub-inspector Sunil Kr. Dey (PW14) for investigation. The investigation of the case was thereafter handed over to Sub-inspector Samir Kr. Dutta (PW15) who submitted a report in final form and prayed for discharging the accused. A further investigation was held by Mojammel Mondal (PW16), Sub-Inspector of police and after conclusion of investigation he submitted charge sheet against the accused under S.341/363/366/376/506 of the Indian Penal Code.

3. Learned A.C.J.M., Rampurhat after complying with the relevant provisions of law was pleased to commit the case to the learned Additional Sessions Judge, Rampurhat, Birbhum. The learned Trial Court thereafter by its order dated 17th February, 2016 was pleased to frame charges under S.341/363/366/376/506 of the Indian Penal Code. The contents of the charge was read over to the accused person to which he pleaded not guilty and claimed to be tried.

4. The prosecution in order to prove its case relied upon 16 witnesses which included PW1, Kartick Let, co - villager; PW2, Santana Let, co - villager; PW3, 'Y', complainant, brother of the victim; PW4, Sunil Let, co - villager; PW5 Kalpana Let, co - villager; PW6, Tuktuki Let, co - villager; PW7, Santosh Maharaj, scribe; PW8, Binoy Kumar Nonia, Judicial Magistrate who recorded the statement of the victim under S.164 of CrPC; PW9, Dr. Sricharan Halder, doctor who examined the accused; PW10, 'Z', sister of the victim; PW11, Jakir Sk., owner of the land where the complainant was engaged as a cultivator; PW10, Narayan Dhar, brother - in - law of the victim; PW13, 'X', victim; PW14, Sunil Kr. Dey, first investigating officer of the case; PW15, Samir Kr. Dutta, S.I. of police and second investigating officer of the case who submitted the final report; PW16, Mojammel Mondal, Sub-inspector of police who carried out further investigation and submitted charge sheet.

5. PW1, Kartick Let is a co - villager who deposed that he knew the complainant 'Y', as also the accused Newton