MD. ABDUS SAMAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 15.03.2012 passed by the learned Addl. Sessions Judge (FTC), Bongaigaon in Sessions Case No. 13(A)/2010 convicting accused/appellant Abdul Samad under Sections 448 /376 IPC and sentencing him to undergo Rigorous Imprisonment (RI) for a period of 7 (seven) years and to pay fine of Rs. 1000/ -, in default, to undergo Simple Imprisonment (SI) for a further period of 2 (two) months for the conviction under Section 376 IPC and to undergo RI for 3 (three) months for the conviction under Section 448 IPC, both the sentences to run concurrently. Prosecution case in brief is that on 08.09.2008 at about 6:00 p.m., one Rupbanu Bewa lodged a first information before Kokila Watch Post (WP) under Abhayapuri Police Station alleging that on 05.09.2008 at about 12 midnight, about 8 to 10 persons, armed with deadly weapons had entered into her house by cutting the ropes of the door and forcefully took away her 17 years old daughter. Informant stated that she could identify two of the persons as Abdul Samad (appellant) and Abdul Gafur of Nayagaon.

(2.) ON receipt of the first information, a GD entry was made and thereafter the same was sent to Abhayapuri Police Station, where it was registered as Abhayapuri PS Case No. 225/2008 under Sections 458 /365 /34 IPC.

(3.) LEARNED Magistrate committed the case to the Court of Sessions as offence under Section 366 IPC is exclusively triable by the Court of Sessions. Thereafter, on committal, learned Sessions Judge, Bongaigaon transferred the case record to the trial Court for disposal.