BHASKAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 26.09.2007, passed by the learned Addl. Sessions Judge (FTC), Sivasagar, Circuit Court, Charaideo at Sonari in Sessions Case No.68(S-C) 2005 convicting the accused/appellant of the offence U/s.448/376 Penal Code and sentencing him to undergo R.I. for 8 years and to pay fine of 2000.00 only and in default further R.I. for 4 months U/s.376 Penal Code and also sentencing to undergo R.I. for 4 months for offence U/s.448 IPC.

(2.) Being aggrieved and dissatisfied with the judgment and order aforesaid, appellant, Sri Bhaskar Gogoi (hereinafter referred to as the accused person) has preferred this appeal citing several infirmities in the judgment, under challenge.

(3.) The facts, necessary for disposal of the present appeal, ,in brief, are that one Sri Durlav Gogoi, PW 1 has a grocery shop and such grocery shop is in his house. On the first day of Bohag, 2004 in the evening, after closing the shop, when he (PW 1) came home, he learnt that his young daughter was not in the house which is why he went to the house of his neighbours to locate his daughter.