HASIBUL RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 10-08-2007 passed by learned Sessions Judge, Kokrajhar, in Sessions Case No.57/2005, convicting the appellant under Sec. 366(A) read with Sec. 34 Penal Code and sentencing him thereby to undergo rigorous imprisonment for 5 years and also to pay a fine of Rs. 2,000.00 in default of payment of fine, further rigorous imprisonment for 6 months.

(2.) I have heard Mr. D. Nath, learned Amicus Curiae for the appellant and Ms. B. Bhuyan, learned Addl. Public Prosecutor appearing for and on behalf of the State of Assam.

(3.) The prosecution case, in brief, is that on 08-08-2003 at about 7.00 P.M. when the victim went to fetch water from a Tube Well situated near her house, the accused persons namely, Hasibul Rahman, Hasen Ali and Raju ali forcefully kidnapped her. On 09-08-2003, the mother of the victim lodged the FIR. On receipt of the FIR, Gassaigaon P.S. Case No.114/2003 under Sec. 366 (A) Penal Code was registered. Prior to that on 09-08-2003, the G.R.P. Police of Bongaigaon produced the victim and the accused Hasibul Rahman at Gossaigaon Police Station. During investigation, the victim was medically examined and her statement was recorded under Sec. 164 Crimial P.C. Other accused Hasen Ali and Raju Ali were also arrested.