HARI PRASAD KAKOTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T. Deori, learned counsel for the appellant and Ms. S.H. Bora, learned Addl. P.P. for the State.

(2.) Sri Hari Prasad Kakoti (hereinafter referred to as the accused) has preferred this appeal seeking defeasance of the judgment and order dtd. 3/9/2021 passed by the learned Assistant Sessions Judge in connection with Sessions Case No. 19/2011 convicting the accused u/s 376 of the Indian Penal Code (IPC for short) to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000.00 with default stipulation.

(3.) The genesis of the case was that on 28/2/2011 at about 11 AM, the accused kidnapped the 14 year old victim 'X' from her house. The victim's mother 'Y' found her daughter missing and set out on a frantic search and thereafter the victim's mother lodged an FIR on 1/3/2011, which was registered as Dokmoka P.S. Case No. 7/2011 u/s 366AIPC and the Investigating Officer (IO for short) embarked upon the investigation. On closure of investigation charge-sheet was laid against the accused u/s 366A/376 IPC. At the commencement of trial, a formal charge u/s 366 and 376 IPC was framed and read over and explained to the accused, who adjured his guilt and claimed innocence.