SRI JINTU PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 25.09.2018, passed by the learned Sessions Judge, Dhemaji in Sessions Case No.12 (DH) of 2015 (corresponding to G.R. Case No.238/14 (GMK), whereby the accused/appellant has been convicted under Sections 376(1)/366 of the IPC and sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.2000/- (rupees two thousands), in default rigorous imprisonment for another two months under Section 376(1) of the IPC and to suffer rigorous imprisonment for 4 years and also to pay a fine of Rs.1000/- (rupees one thousand), in default rigorous imprisonment for another two months under Section 366 of the IPC. Both the sentences were directed to run concurrently.

(2.) Heard Mr. M. Biswas, learned counsel appearing for the appellants/accused as well as Ms. S.H. Bora, learned Addl. P.P., Assam, appearing for and on behalf of the State respondent.

(3.) The prosecution case in nutshell is that on 08-04-2014, informant Ratul Gayan lodged an ejahar in the Gogamukh Police Station alleging inter alia that on that day while his minor daughter, aged about 17 years was waiting for bus at Borodoloni on NH-52, the accused/appellant Jintu Phukan took her away in a car and kept her confined at unknown place. On receipt of the ejahar, the Gogamukh P.S. Case No.66/2014, under Section 366 of the IPC was registered and after completion of the investigation, submitted the charge sheet under the said section of law.