AMIT KUMAR GUPTA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) On 31/5/2013 one Shri Subhash Bhattacharjee lodged an FIR before the Police Station Umiam (Barapani) to the effect that his 15(fifteen) year old daughter was missing at about 5:30 PM from Rongmen and that he strongly suspected that she was kidnapped by Mr. Amit Kumar Gupta (the accused/appellant herein). Accordingly, Umiam P.S. Case No. 40(06) of 2013 under Ss. 363/376 read with Sec. 4 of the POCSO Act, 2012 was registered and investigation launched.

(2.) However, on 1/6/2013 at about 10:30 AM the Complainant along with his relatives appeared at the Police Station, including his said daughter and the said Amit Kumar Gupta and has narrated that he along with his son-in-law Shri Kanak Bhattacharjee caught the couple at the VIP Airport road, Guwahati, Assam inside a vehicle No ML05-B-9466 while they were on the way to the Railway Station. The police then arrested Amit Kumar Gupta and forwarded him to judicial custody after all the required formalities were completed.

(3.) In due course, the investigation was completed and the I/O forwarded the Charge Sheet to the Court as required under Sec. 173 Cr.P.C. with a report that during investigation a prima facie case under Ss. 363/376 (1) IPC read with Sec. 4 POCSO Act was found well established against the accused/appellant and prayer was made to direct him to stand trial further indicating that there are witnesses who may be summoned in this regard.