SANJU BHUJEL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned Sessions Judge, Dima Hasao in Sessions Case No. 21/2017, whereby the learned Sessions Judge convicted the appellant u/s 366-A/376 IPC and sentenced him to rigorous imprisonment for 2 (two) years u/s 366-A and rigorous imprisonment for 10 (ten) years u/s 376 IPC. The appellant was further sentenced to pay fine of varied amount on each count with default stipulation.

(2.) Prosecution case, as unfolded in the FIR (Ext.-2) was that on 09-03-2017, when the daughter of the informant (PW-4) was going to school for getting admission, the accused/appellant Sanju Bhujel took away her forcibly from the road. When she did not return home on usual time, PW-4 made search at different places and came to know, that the accused and alleged victim went to Bodo Lakhindong village. Having come to know about the whereabouts of the victim and the appellant, he (PW-4) with the help of the VDP personnel recovered the victim and handed over the accused to police and also lodged the FIR. On the basis of the said FIR, police registered Umrangso PS Case No. 8/2017 u/s 366-A IPC and on conclusion of the investigation, submitted charge-sheet against the appellant under Sections 366-A/376 IPC. Upon taking cognizance, learned Magistrate committed the case to the court of sessions and eventually the appellant stood trial before the court of Sessions.

(3.) In course of trial, learned Sessions Judge framed charges under Sections 366-A/376 IPC against the appellant, to which he pleaded not guilty. Six witnesses were examined by the prosecution in order to bring home the charges and upon appreciation of evidence, learned Sessions Judge convicted the appellant under Sections 366-A/376 IPC and awarded sentence as indicated above.