DILWAR HUSSAIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Islam, learned Counsel for the appellant and also heard Mr. K.A. Mazumdar, learned Additional Public Prosecutor, Assam.

(2.) This appeal is preferred against the judgment and order dated 14.11.2002 passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 32/2001 convicting the accused-appellant under Section 366, IPC and sentencing him to undergo R.I. for 5 years and pay fine of Rs. 3,000 in default, R.I. for another 6 months.

(3.) The prosecution case is that in the mid night of 27.8.2001, the accused Dilwar Hussain Laskar @ Dilu entered into the house of the informant by breaking open the door and kidnapped his sister Smt. Jaba Chasha with intention to marry her forcibly and confined her in some unknown place. The informant hearing the cry of another younger sister got up from the sleep and searched for Jaba with the help of some neighbours but she could not be traced. On the following day, he lodged a written FIR with the In-charge of Kalacherra Police outpost under Lala Police, Station whereupon a case being Lala Rs. Case No. 158/2001 was registered under Sections 457/366A, IPC. On completion of investigation, the police submitted charge sheet against the accused-appellant under Sections 457/366A, IPC and the matter on being committed to the Court of Sessions, framed charge under Section 366A, IPC against him to which, he pleaded not guilty and claimed to stand trial.