LAWS(GAU)-2010-5-43

SANJIV BAIDYA Vs. STATE OF ARUNACHAL PRADESH

Decided On May 20, 2010
SANJIV BAIDYA Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) Heard Mr. L. Tenzing, Learned Counsel appearing on behalf of the accused appellant. Also heard Mr. I. Basar, learned Addl. Public Prosecutor, for the State of Arunachal Pradesh.

(2.) This appeal has been preferred against judgment and order dated 22.12.2006 rendered by the learned Additional District & Sessions Judge, Fast Track Court, Namsai, in Sessions Case No. 02/2002 convicting the accused appellant under Section 366 I.P.C. and sentencing him to undergo R.I. for 3 years and 6 months with a fine of Rs. 1,000/-.

(3.) Mr. L. Tenzing, Learned Counsel appearing on behalf of the accused appellant submits that at the time of the incident, the age of the victim girl was above 18 years and she had accompanied the accused appellant voluntarily and thereafter, she had been staying and moving with him till she was recovered from his custody. Mr. Tenzing, Learned Counsel for the accused appellant, further submits that since the victim girl was above 18 years of age and was staying and moving with the accused appellant on her own volition, no case under Section 366 of I.P.C. is made out or proved against the accused appellant and as such, the accused appellant is entitled to acquittal.