NABI HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 27.06.2005, passed, in Sessions Case No. 77(M)/04, by the learned Sessions Judge, Tinsukia, convicting the accused- appellant, under Section 363 IPC and sentencing him to suffer rigorous imprisonment for 2 (two) years and to pay fine of Rs. 1,000/- and, in default of payment of fine, undergo rigorous imprisonment for a period of 1 (one) month with further direction that the convicted person shall be entitled to receive, in terms of Section 428 CrPC, the benefit of set off for the period of detention already undergone by him during the intervening period.

(2.) THE case of the prosecution may, in brief, be described thus: The accused and also the alleged victim, who is hereinafter referred to as 'SC' (PW5), belongs to Borgolai. The accused was, at the relevant point of time, an agent of Sahara India Limited and, in connection therewith, he used to visit the house of SC (PW5) in order to collect payments of premiums in an investment policy of his company. On 13.01.2004, at about 8-00 a.m., while SC (PW5) was proceeding, on her way to her school, to appear in the examination, the accused, who was waiting on the road with a taxi, requested SC (PW5) to come into the car with the assurance that he would drop her at her school; but, instead of taking her to her school, the accused took her towards Margherita and, after asking as to where he was going, SC (PW5) became senseless and, when she regained her senses, at about 10-00 a.m., she found herself in a house. On the disappearance of SC (PW5), her father (PW1) lodged an Ejahar (Exbt. 1) at Margherita Police Station. Treating the Ejahar as the First Information Report, Margherita Police Station Case No. 10/04, under Section 366(A) IPC, was registered against the accused. On the very day of the occurrence, in the evening, SC (PW5) was recovered from the house of the sister of the accused, located at Hijuguri, Tinsukia town. On her recovery, SC (PW5) was medically examined and, on completion of investigation, a charge-sheet was laid against the accused for having allegedly committed an offence under Section 366A IPC.

(3.) I have heard Mr. B. K. Bhattacharjee, learned counsel for the accused-appellant, and Mr. K. A. Majumdar, learned Additional Public Prosecutor, Assam.