HAJARAT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. C. Biswas, learned counsel for the appellant. Also heard Mr. FH Laskar, learned P P. Assam.

(2.) The conviction and sentence of the appellant under Section 366 IPC imposed by the learned Sessions Judge, Sonitpur at Tezpur by his judgment dated 19.8.95 in Sessions Case No. 135 (S)/93 has been challenged in this Criminal Appeal.

(3.) The facts in brief, as projected by the prosecution, are that P.W 1, Md. Hafizuddin, lodged an FIR with the Missamari Police Station on 23.6.93 alleging that his daughter, Ms Hasina Khatoon, aged about 14 years, was missing since about 8 PM. of 20.6.93 when she went to toilet. It was alleged that the appellant kidnapped his daughter with ill motive. On the basis of this FIR, the Police registered a case under Section 366 A IPC and took up the investigation. During the course of investigation, the accused was arrested on 4.8.93 and the victim girl Ms. Hasina Khatoon was recovered on 5.8.93 from. Tezpur Bus Stand. After completion of the investigation, chare sheet was filed under Section 366 A IPC against the appellant alongwith one Abdul Haque and sent them to face trial. Since the case is triable by the Sessions Judge, the same was committed by the learned Judicial Magistrate, 1st Class, Tezpur to the Court of Session for trial of the accused. The learned Sessions Judge, on perusal of the materials available on record including the case diary, framed charge against the appellant under Section 366 IPC where as the other accused Abdul Haque was discharged for want of materials against him