AKTAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. U. Mondal, learned counsel for the appellant, Mr B B Gogoi, learned Additional Public Prosecutor for the respondent State and Mr A Hussain, learned counsel for the informant/respondent No. 2

(2.) This appeal is preferred against the Judgment and Order dtd. 17/9/2022, passed by the learned Additional Sessions Judge, Bilasipara, District-Dhubri, in connection with Sessions Case No. 118/2012, convicting Aktar Ali (also referred to as the appellant, or accused or A-1), under Sec. 376 of the Indian Penal Code, 1860 (IPC, for short) and sentencing him to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.20,000.00, with default stipulation, convicting Moynal Hoque (also referred to as the appellant, or accused or A-2) and Fajlul Hoque (also referred to as the appellant, or accused or A-3), under Sec. 366 IPC, read with Sec. 34 of the IPC, and sentencing them to undergo Rigorous Imprisonment for 5 years and to pay a fine of Rs.5,000.00 each, with default stipulation, and convicting them under Sec. 506 IPC, read with Sec. 34 of the IPC and sentencing them to undergo Simple Imprisonment for 1 year and to pay a fine of Rs.1,000.00 each, with default stipulation. The sentences are ordered to run concurrently and the period of detention already undergone by the appellants is to be set off with the custodial sentence.

(3.) The genesis of the case was that on 19/8/2006, at about 11:00 pm, the appellants trespassed into the informant, 'Y''s house and kidnapped his married daughter-'X'. The name of the informant is withheld and he will be referred to as-'Y' and his wife, i.e., the victim's mother will be referred to as- 'Z'.