GOBINDA MISHRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. T. Begum, learned counsel for the appellant. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State respondent.

(2.) This appeal filed under Sec. 374 of the Code of Criminal Procedure challenging the impugned Judgment and Order dtd. 21/5/2012 passed by the Court of learned Assistant Sessions Judge, Goalpara in Sessions Case No.154/2011 convicting the accused/appellant under Sec. 366(A) of IPC and sentenced him to undergo rigorous imprisonment for 5(five) years and to pay a fine of Rs.4,000.00 and in default of payment to undergo R.I. for 4(four) months.

(3.) The brief facts of the prosecution case is that, one Hareswar Das lodged an FIR on 23/3/2011 before the Officer-in-Charge, Goalpara Police Station alleging inter-alia that his wife Mrs. Rasomoni Das along with his minor daughter have been kidnapped on 20/3/2011 at about 8.30 A.M. After receipt of the FIR, the case was registered as Goalpara P. S. Case No.110/2011 under Sec. 366 of IPC. During the investigation public recovered the victim and his minor daughter and accordingly, her statement was recorded under Sec. 164 of Cr.P.C. and on completion of investigation, the police filed the charge-sheet against the present petitioner under Sec. 366 of IPC. Thereafter, the learned Munsiff Magistrate, No.-1, Goalpara committed the case (G.R. Case No.495/2011) under Sec. 366 of IPC) before the learned Sessions Judge, Goalpara. The learned Sessions Judge, Goalpara transferred the case record to the Court of the learned Assistant Sessions Judge, Goalpara for trial. Accordingly, after hearing the matter, the learned Assistant Sessions Judge, Goalpara framed charge against the accused/appellant under Sec. 366 of IPC which was read over and explained and to which he pleaded not guilty and claimed to be tried.