TRIDIP BURAGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. Choudhury learned Amicus Curiae appearing on behalf of the appellant. Also heard Mr M P Goswami, learned Additional Public Prosecutor appearing on behalf of the State of Assam.

(2.) This appeal has been preferred by the appellant, Sri Tridip Buragohain, against the Judgment and Order dtd. 26/9/2017, passed by the learned Assistant Sessions Judge, Jorhat in connection with Sessions Case No. 48 (JJ)/2017, whereby the accused was convicted under Sec. 366 and 376 IPC, and sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.5,000.00, in default, imprisonment for four months, for the offence under Sec. 376 (1) IPC. The accused was also sentenced to undergo Rigorous Imprisonment for 3 years and to pay a fine of Rs.3,000.00, in default, Simple Imprisonment for two months for the offence under Sec. 366 IPC. Both the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that the informant, Ajit Bordoloi, who is the father of the victim, lodged an FIR on 31/1/2017 before the In-Charge, Lahdoigarh Police Outpost under Teok Police Station, stating inter alia that on 28/1/2017, his daughter went to beauty parlour at Lahdoigarh Chariali but did not return back home. Though they were in search of the victim, but could not trace her out. Subsequently, it has been confessed to them over a mobile phone number being 90856-12898, that one Tridip Buragohain of Sivasagar had kidnapped his daughter from Lahdoigarh Chariali.