HEMEN ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal under Section 374 read with Section 482 of the Code of Criminal Procedure, 1973 against the Judgment and Order dated 31.03.03 passed by the learned Addl. Sessions Judge (Ad hoc), Barpeta, Assam in Sessions Case No. 6/2002 awarding a sentence of 3 years rigorous imprisonment with fine of Rs. 2000/-, in default, simple imprisonment for 2 months for conviction of the appellant under Section 366-A IPC.

(2.) THE prosecution case, in brief, is that on 23.3.2001 at about 1 PM, accused Hemen Roy, the appellant herein, had abducted one Smti. Pampi Devi from near about Saukhuti High School and to that effect an ejahar was lodged by mother of Pampi Devi, namely, Geeta Devi, on 26.3.2001 before the In- Charge of Pathsala Police Outpost. It was also stated in the ejahar that till then there was no trace of the abducted girl. On receipt of the ejahar, GD entry No.678 dated 26.3.2011 was recorded and subsequently, the same was forwarded to Patacharkuchi Police Station, wherein Patacharkuchi PS Case No.49/2001 under Section 366-A IPC was registered.

(3.) THE accused appellant was examined under Section 313 CrPC and on such examination, while denying the accusation and circumstances appearing against him, the accused appellant had also stated that Pampi Devi had accompanied him voluntarily.