ABANI BAISHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 09.03.2009 passed by Addl. Sessions Judge, FTC, Kamrup, Guwahati in Sessions Case No. 212(K)/2003, convicting one Sri Abani Baishya of offence under Section 364A IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 2,000/- for offence aforesaid. Being aggrieved by and dissatisfied with the aforesaid judgment, appellant Abani Baishya (herein after referred to as the 'accused person') preferred this appeal citing several infirmities in the judgment under challenge.

(2.) The brief facts necessary for disposal of the present proceeding are that on 13.02.2001 one Sri Dinesh Baishya lodged an FIR with the O/C Bharalamukh P.S. stating that his son Sri Deepjyoti Baishya had gone missing since the noon of 10.02.2001. It has been alleged that since before the incident in question, he had been working in a PCO at Kedar Road, Guwahati. On 10.02.2001, he went to his workplace but did not return home till the time of filing of the FIR on 13.02.2001.

(3.) When the father of the boy contacted the owner of the PCO, he came to know that the son of the informant had gone to meet his cousin Sri Abani Baishya, who asked him to meet him near the State Zoo for some employment related discussions. On 11.02.2001, the informant received a phone call from Abani Baishya, who happens to be his nephew and he told him over phone that his son was in his house at Tamulpur and would return home next day, that is, on 12.02.2001.