ABUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.Ali, learned counsel for the appellants and Mr. T.K. Mishra, learned Addl. Public Prosecutor for the respondent.

(2.) This appeal is directed against the judgment and order passed by learned Sessions Judge, Nagaon in Sessions Case No. 89/2005, whereby the learned Sessions Judge convicted the appellants under Sections 363 IPC and sentenced them to rigorous imprisonment for 5 (five) years and to pay fine of Rs. 2,000/- (Rupees two thousand) each with default stipulation.

(3.) As per prosecution case, on 04-08-2003 at about 9 am, when the daughter of the informant was going to Salkati High Madrassa School, the present appellants forcibly kidnapped her from the road and took her to an unknown place on a motorcycle belonging to one Johur Ali Master. Having come to know about the occurrence, the father of the victim lodged an FIR, on the basis of which, police registered Dhing P.S. Case No. 98/03 u/s 366(A)/109/34 IPC and on conclusion of the investigation submitted charge-sheet against the present appellants u/s 366(A) IPC and eventually both of them stood trial.