ARUN PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision is directed against the judgment and order, dated 08-03- 2004, passed, in Criminal Appeal No. 33(N) of 2003, by the learned Sessions Judge, Nagaon, dismissing the appeal and upholding thereby the judgment and order, dated 29-07-2003, passed, in GR No. 204/2001, by the learned Sub- Divisional Judicial Magistrate, Hojai, Sankardevnagar, whereby the accused- petitioner, namely, Arun Paul, stood convicted under Section 365 IPC and sentenced to suffer rigorous imprisonment for three years and pay a fine 2,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of six months with further direction that the fine shall, if deposited, be paid to PW2, Chandan Debnath, who had been abducted.

(2.) THE prosecution's case was, in brief, thus: While Chandan Debnath, a student of Class-XI of Hojai College, proceeding, on his bicycle, from the house of one Pranjal Debnath of Krishnagar towards his house, a maruti car, came driven by someone, stopped near the house of one Naru Driver and, then, two persons alighted from the car, pressed the mouth of Chandan Debnath by means of handkerchief and forcibly took him away in the maruti car, wherein the present petitioner, Arun Paul, too, was present. On the disappearance of Chandan Debnath, a search for him, conducted by his members of the family and neighbours, led them to find Chandan Debnath lying senseless, in a drain, with injuries on his person. Injured Chandan Debnath was, then, taken to hospital on that very day, i.e. on 26-03-2011, at about 11.00 pm and was treated there. On First Information Report having been lodged, with regard to the said occurrence, by Nitai Debnath, father of the victim, namely, Chandan Debnath, on 27-03-2001, at Hojai Police Station, Hojai Police Station Case No. 73 of 2001, under Section 365/325/307/34 IPC, was registered against the present petitioner, Arun Paul, inasmuch as the FIR alleged, inter alia, that the present accused-petitioner, along with others, had forcibly taken away the informant's son, Chandan Debnath, in a maruti car, assaulted him and threw him away. On conclusion of the investigation, police laid charge-sheet, under Section 365 IPC, against the present accused-petitioner only.

(3.) AGGRIEVED by his conviction and the sentence, passed against him, the accused-petitioner preferred an appeal, which gave rise to Criminal Appeal No. 33(N)/2003. As the appeal has been dismissed by the learned Sessions Judge, the convicted person is, now, before this Court with the present revision.