RUBBUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 13.06.2005, passed, in Sessions Case No. 34/2004, by the learned Sessions Judge, Morigaon, convicting the accused-appellant, under Sec. 366A IPC, and sentencing him to suffer rigorous imprisonment for 10 (ten) years and pay fine of Rs.10,000.00 and, in default of payment of fine, suffer simple imprisonment for a further period of 2 (two) months, which was directed to run separately. The period, having already undergone in imprisonment by the accused, was directed to be set off in terms of the provisions of Sec. 428 CrPC.

(2.) The case of the prosecution, as emerged at the trial, may, in brief, be described thus: On 20.12.2003, at about 9:00 A.M., when PW 6, daughter of PW 1 and PW 5 of village Solmari, was proceeding to her school, the accused forcibly put her on a bicycle and took her to Katuakata gaon and left her there at the house of the Gaonbura (village headman) of the said village. As PW 6 did not return home, her parents became worried and they searched for her, but, having not found her, PW 1 (father of PW 6) lodged a written Ejahar at Moirabari Police Station on 21.12.2003. Treating the said ejahar as First Information Report (in short, 'FIR'), Moirabari Police Station case No. 222/03, under Sec. 366/34 IPC, was registered. During the course of investigation, PW 6 was recovered by the police from the house of the said Gaonbura, she was medically examined, her statement, under Sec. 164 CrPC, was recorded, the accused was arrested and, in course of time, the police, on completion of investigation, laid charge-sheet against the accused under Sec. 366 IPC.

(3.) During trial, when a charge, under Sec. 366A IPC, was framed against the accused, he pleaded not guilty thereto.