DILIP MAITRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 3.12.2011, passed by the learned Additional Sessions Judge, Nagaon, in Sessions Case No. 250(N)/2001, convicting and sentencing the accused-appellant under Section 342 of the IPC to undergo simple imprisonment for 1 year.

(2.) The fact of the case is that, Nurul Amin Choudhury (PW3) lodged an FIR, on 23.8.1996, at Haiborgaon Police Outpost alleging that one Sabitri Chakraborty was confined in a room by her brother i.e. the accused-appellant. It has also been alleged in the FIR that the accused-appellant had administered intoxicating drugs to her with a view to cause imbalance in her mind for the purpose of grabbing her property. The husband of the victim Sabirti died 12 years prior to filing of the FIR.

(3.) On receipt of the FIR, the Haiborgaon Town Outpost entered the same in General Diary, vide GDE No. 765 dated 23.8.1996, and forwarded the same to Nagaon Police station. Accordingly, the Nagaon Police Station Case No. 483/1996 under Sections 328/344 IPC was registered and investigated. On completion of investigation, charge-sheet against the accused-appellant was filed under Sections 328/344 IPC.