KARUNA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal under section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. in short) is preferred by the accused-appellant Shri Karuna Deka against the judgment and order dated 02.07.2014 passed by the learned Additional Sessions Judge No.1, Kamrup (Metro), Guwahati in Sessions Case No. 226(K)/2012, arising out of G.R. Case No. 1794/1999, corresponding to Latasil Police Station Case No. 43/1999, whereby he has been convicted under section 364A of the Indian Penal Code (IPC, in short) and sentenced to undergo Rigorous Imprisonment for Life and to pay a fine of Rs. 1,000/- (Rupees one thousand) only, in default, to undergo Simple Imprisonment for 1 (one) month.

(2.) A narration of the prosecution case, in brief, is necessary before proceeding further. It was on 04.04.1999, one Plaban Das, son of Shri Narayan Das, resident of G.N.B. Road, Ambari, Guwahati lodged a First Information Report (FIR, in short) before the Officer In-Charge of Latasil Police Station, Guwahati stating, inter alia, that on 04.04.1999 at about 7-30 a.m., his servant, Karuna Kanta Deka i.e. accused-appellant had taken his son, Master Sona, aged about 2 years, to the road near AGP Office, Ambari for usual morning round. The informant mentioned that at about 8-30 a.m., someone telephoned him informing that his son was with them and they had also kept the accused-appellant blind folded by tying his hands and feet. But till the time of lodging of the FIR both the servant i.e. the accused-appellant and his son had not returned and could not be traced. The said FIR was stated to have been received at the Police Station at about 2-45 pm on 04.04.1999.

(3.) On receipt of the aforesaid FIR, the Officer In-Charge, Latasil Police Station registered a case being Latasil Police Station Case No. 43/1999 under section 363, IPC and the Officer In-Charge, Latasil Police Station himself took up the investigation of the case. A corresponding G.R. case being G.R. Case No. 1794/1999 was also registered.