MD. SAHIDUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 18.2.2006 passed by the learned Asstt. Sessions Judge, Morigaon in Sessions Case No.66/2005 convicting the accused appellant under Sec. 366 Indian Penal Code and sentencing him to suffer rigorous imprisonment for 8 years and also to pay a fine of Rs. 10,000.00, in default of payment of fine, further rigorous imprisonment for 2 years.

(2.) The prosecution case, briefly, is that one Md. Mozibur Rahman, lodged an ejahar before the Officer In-Charge of the Mikirbheta Police Station stating that in the evening, at around 7 PM of 25.9.2004, the present appellant, by promising his sister Mustt.Akiban Nessa that he will marry her, kidnapped her and after he had taken her to the residence of the accused appellant, the accused Md. Sarupuna, who is the brother of the present appellant, assaulted her and outraged her modesty and drove her out of the house. On receipt of the aforesaid ejahar, Mikirbheta PS Case No.97/2004 under Sections 366/354/323 Indian Penal Code was registered.

(3.) On 27.9.2004, the statement of the recovered victim girl, namely, Mustt. Akiban Nessa was recorded under Sec. 164 Cr.PC. After the investigations were completed, finding materials against the accused appellant and Md. Sarupuna, the police submitted charge sheet on 15.2.2005 under Sections 366/354/323/34 IPC.