LAWS(GAU)-2024-4-93

RAJEN TAYE Vs. STATE OF ASSAM

Decided On April 23, 2024
Rajen Taye Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The instant appeal under Sec. 374[2], Code of Criminal Procedure ['Cr.P.C.', for short] is directed against a Judgment and Order dtd. 12/8/2022 [the State of Assam vs. Rajen Taye] passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case no. 88/2018. By the said Judgment and Order dtd. 12/8/2022, the accused-appellant has been found guilty of the offence defined in sub-sec. [5] of Sec. 370 of the Indian Penal Code ['IPC', for short] and he has been sentenced to undergo rigorous imprisonment for a term of 14 [fourteen] years and to pay a fine of Rs.5,000.00, in default of payment of fine, to undergo simple imprisonment for 3 [three] months.

(2.) The case of the prosecution, in brief, was that the investigation was set into motion on receipt of a First Information Report ['FIR', for short] from one Laxman Mali on 28/12/2016. In the said FIR lodged before the Officer-in- Charge of Chariduar Police Station, the informant had inter alia alleged that at around 2-00 p.m. on 28/12/2016, the members of All Assam Adivasi Students Association ['the AAASA' or 'the Association', for short], Balipara Unit saw three children, belonging to Adivasi community, being taken away to Arunachal Pradesh as child labours by a suspected person. After questioning the person and the three children, the members of the Association suspected something wrong and the person along with the three children was handed over to Chariduar Police Station.

(3.) On receipt of the FIR, the Officer In-Charge, Chariduar Police Station registered the same as Chariduar Police Station Case no. 199/2016, on 28/12/2016, for the offence under Sec. 370 [5], IPC and he himself took up the investigation of the case.