ABDUL KADER ALOM @ TINKU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 14.12.2009, passed by the learned Additional Sessions Judge, Kamrup (M), Guwahati in Sessions Case No. 331(K)/2008, convicting and sentencing the accused-appellant to suffer rigorous imprisonment for 4 years and to pay a fine of Rs. 1,000/-, in default of payment of fine rigorous imprisonment for 3 months.

(2.) The case for the prosecution is that, on 12.6.2008, at about 5:00 pm, while the victim was returning to her home after attending computer classes at Amingaon, then she was kidnapped from Baihata Chariali by the accused-appellant and had taken her to his house situated in the district of Dhubri. After the incident the FIR was lodged by Sanjib Kr. Banikya (PW1).

(3.) On receipt of the FIR, the Baihata Police Station registered a case being No. 101/2008 under Sections 366(A)/34 of the IPC and investigated into it. During the course of investigation, the victim was recovered and got her statement recorded under Section 164 Cr.PC. After completion of investigation, charge-sheet was laid against the accused-appellant under Sections 366/376/34 of the IPC. A formal charge under Section 366 IPC was framed against the accused-appellant to which he pleaded innocence. Hence, the trial.