MUSLIM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N Hassan, learned Amicus Curiae appearing for the appellant and Mr. BJ Dutta, learned Addl. Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dated 30.03.2010 passed by the Deputy Commissioner, Karbi Anglong functioning as learned Sessions Judge, Karbi Anglong in Sessions Case No.33/97, whereby the appellant was convicted under section 363 IPC and sentenced to imprisonment for 3 (three) years and fine of Rs.2,000/- with default stipulation.

(3.) As per the allegation made in the FIR, the daughter of the informant who was aged about 13 years at the relevant time was kidnapped by the present appellant from the house of her (informant's) sister. An FIR was lodged by the mother of the victim on the basis of which, Diphu PS Case No.149/1997 was registered under section 366(A) IPC. During the course of investigation, the alleged victim was recovered from the house of the present appellant and on conclusion of investigation charge-sheet was laid against the appellant under section 366(A) IPC.