DHIRAJ DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment and order dtd. 29/6/2011, passed by the learned Additional Sessions Judge (FTC) No. 1, Kamrup, in connection with Sessions Case No. 393 (K-G) of 2009, convicting Sri Dhiraj Das, Manash Baishya and Mani Baishya under Sec. 366 of the Indian Penal Code, 1860 ('IPC', for short) and sentencing them to undergo Rigorous Imprisonment for 5 (five) years and a fine of Rs.2000.00 each, with default stipulation. The appellants before this Court are Sri Dhiraj Das and Sri Mani Baishya (hereinafter also referred to as appellants and 'A-1' and 'A-2', respectively).

(2.) The facts leading to this appeal are that on 26/3/2008, at about 09:30 am, when the victim 'X' was proceeding towards her school on her bicycle, both A-1 and A-2 waylaid her and thereafter, kidnapped her. An FIR regarding this incident was lodged by the informant-say Y. This FIR was registered as Boko PS Case No. 83/2008, under Sec. 366 IPC and the Investigating Officer ('IO', for short) was entrusted with the investigation.

(3.) The IO embarked upon the investigation. He recorded the statements of the witnesses. During the course of investigation, he forwarded the victim to the Magistrate to record her statement under Sec. 164 of the Code of Criminal Procedure, 1973 ('CrPC', for short) and also forwarded the victim for medical examination. On finding prima facie materials against the appellants, the IO laid charge sheet against the accused, including the appellants under Ss. 341/366-A IPC.