ARSHADUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K Agarwal, learned senior counsel appearing for the appellant. Also heard Mr. D Das, learned Additional Public Prosecutor, Assam.

(2.) An ejahar dtd. 18/4/2006 was lodged by Kazi Atowar Rahman before the Officer-in-Charge, Barpeta Police Station (Sadar) inter alia stating that at about 8 P.M., of the previous night when his daughter went to pass urine, the appellant herein namely, Arshadul Islam in furtherance of a conspiracy along with another accused namely Rafiqul Islam by taking advantage of the situation gagged the 15 years old minor daughter of the informant namely, Aklima Khatun and lifted and took her with him and in doing so there were two or three persons along with him. An allegation was also made that it has been mentioned in some letter that the informant and his daughter would be killed. An apprehension was raised that the accused appellant may sexually exploit his daughter or may sell her in some other unknown place or may kill her. On the basis of the information being lodged with the police, the Barpeta Police Station Case No.238/2006 under Sec. 366 A of the IPC was registered. At the stage of the trial, the following charges were framed against the accused appellant on 24/9/2008 which is extracted as below:

(3.) It is taken note of that although the ejahar dtd. 18/4/2006 refers the name of Rafiqul Islam to be the alleged accused No.2, the said person was not charge sheeted. In course of the trial, the prosecution examined eight witnesses including the informant Kazi Atowar Rahman, the Investigating Officer and the Doctor, PW-8 Dr. SP Sarma, while the defendants examined Habibar Rahman as DW-1.