MD. MOSTAFA JAMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel, Mr. I. A. Talukdar, appearing for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

(2.) The challenge in this appeal is to the judgment dated 06.01.2010, passed by the learned Additional Sessions Judge (F.T.C.) No. 3, Kamrup, Guwahati, in Sessions Case No. 343 (K) of 2008. By the impugned judgment, the learned Court below convicted the appellant under Section 366 A of the Indian Penal Code and awarded imprisonment for a period of 3 (three) years along with fine of Rs. 10,000/- and in default of payment of fine, rigorous imprisonment for another period of 6 (six) months.

(3.) The prosecution against the appellant lies within a short campus. He fell in love with the girl who was below 18 years of age. In the complaint, the age of the girl is stated to be 14 years as her birth certificate discloses her date of birth to be 02.11.2001. The father of the victim girl had lodged the complaint alleging that on 11.01.2006, the appellant had kidnapped his minor daughter.