PAPU GOGOI Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) Heard Mr. K.D. Chetri, learned counsel for the appellant, Smti. Ahmeda Begum, learned Addl. P.P., Assam for the Respondent No. 1 and Mr. S.K. Thakur, learned counsel, appearing for the Respondent No. 2.

(2.) This appeal is directed against the judgment and order dated 23.08.2011 passed by the learned Sessions Judge, Dhemaji, in Sessions Case No. 48(DH)/2010 convicting the appellant under Sections 366/376(1) of the Indian Penal Code and sentencing him to undergo R.I. for 7 (seven) years and pay fine of Rs. 5,000.00, in default to undergo R.I. for another 6 (six) months for each count.

(3.) The facts, in brief, are that on 13.4.2010, one Smt. Prativa Basumatary of Mission area, Baligaon informed the police through a written Ejahar that on 10.4.2010, while her daughter (Ms. M) was on the way to Gogamukh Chariali, was kidnapped by the appellant. On the basis of the aforesaid FIR a case being Gogamukh PS No. 65/2010 was registered under Sec. 366A Penal Code. The I.O. during investigation got the victim girl examined by a doctor and obtained a report. She was also produced before a Magistrate and got her statement recorded under Sec. 164 CrPC. The I.O. also examined witnesses while he visited the place of occurrence and arrested the accused person (present appellant). On completion of the investigation the I.O. submitted charge-sheet under Sec. 366A Penal Code against the appellant. On receipt of case record on committal, the learned trial court framed charges against the appellant under Sec. 366/376 (1) IPC, who on being read over and explained, pleaded not guilty and claimed to be tried. The prosecution examined 6 witnesses in all including the victim girl. The defence simply denied the charges and examined no witness. The learned trial court, on consideration of the evidence on record and also upon hearing the parties passed the impugned judgment and order convicting and sentencing the appellant as stated earlier.