MD. SADDAM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Deka, learned counsel appearing for the petitioner. Also heard Mr. B. B. Gogoi, learned Addl. P.P., Assam, appearing for the respondent State. The petitioner, namely, Md. Saddam Ali, aged about 26 years has prayed for an order under Section 438 Cr.P.C. in the matter of Tamulpur P.S. Case No. 301/2020 under Section 366(A) of the IPC.

(2.) A 14 years old girl was missing from the house on 05.07.2020 at about 7-30 P.M. Her father had lodged the FIR alleging that the petitioner has kidnapped his daughter.

(3.) The victim girl was recovered. The victim girl in her deposition recorded under Section 164 Cr.P.C. before the Magistrate stated that she had love affairs with the petitioner and therefore she had gone to the house of the petitioner. The victim girl has stated that she did not have any physical relationship with the petitioner. The victim has clearly stated that she went to the petitioner on her own will.