KRISHNA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N Mahajan, learned counsel for the appellant. Also heard Mr. D Das, learned Additional Public Prosecutor, Assam.

(2.) The present appeal is preferred against the judgment and sentence dtd. 14/11/2011 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 54/2008 corresponding to GR Case No. 750/2008 whereby the present appellant was convicted under Sec. 366 of IPC and the appellant was sentenced to undergo rigorous imprisonment for 4 years and also to pay fine of Rs.1,000.00 and in default to undergo rigorous imprisonment for another two months.

(3.) The prosecution was launched on the basis of an FIR by the PW2 on 29/6/2008 before the Morigaon police station, inter-alia, alleging that the present appellant had kidnapped his minor daughter (name withhold) from the village Borongabari for illegal purpose and confined her for the same purpose. On the basis of such FIR, a police case being Morigaon PS case No. 175/2008 under Sec. 366 IPC was registered and after completion of investigation the investigating officer laid charge-sheet against the accused under Sec. 366 IPC.