MANIK SHEIKH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Hussain, learned counsel appearing for the accused appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor, Gauhati High Court. None appeared for the respondent No. 2/informant.

(2.) This appeal under Sec. 374 (2) of the Cr.P.C. is preferred against the judgment and order, dtd. 16/8/2018, passed by the learned Special Judge (POCSO Act), Dhubri in Special Case No.26/2016 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 3 (three) years and to pay fine of Rs.5,000.00 (Rupees Five Thousand), in default to suffer imprisonment for 2 (two) months under Sec. 363 of the IPC and also to undergo rigorous imprisonment for 7 (seven) years and to pay fine of Rs.10,000.00 (Rupees Ten Thousand) only, in default to suffer rigorous imprisonment for 3(three) months only under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short).

(3.) The prosecution story, in brief, is that an F.I.R. was lodged on 18/4/2016 before the Officer-in-Charge, Golokganj Police Station with an allegation that on 17/4/2016 at about 7 p.m., taking the advantage of absence of the informant in the house, the accused appellant and another namely Rohidul Hoque (not charge-sheeted) kidnapped his minor daughter aged about 16 years. After getting information about it, he returned to his house from Tamarhat Bazar and as he did not find his daughter, he searched and on 18/4/2016, received information from reliable sources that the appellant and his said associate kidnapped his daughter and hid her at an unknown place. The informant suspected that they kidnapped his daughter to sell her to a racket of woman traffickers. His said associate namely Rohidul Hoque disclosed the matter of kidnapping of his daughter before the villagers.