BIPUL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dtd. 17/6/2010, passed by the learned Sessions Judge, Kamrup, in Sessions Case No. 186 (K)/2010, convicting and sentencing Bipul Das (hereinafter, the appellant), under Sec. 366 of the Indian Penal Code, 1860 (IPC, for short), to undergo RI for 7 years and to pay a fine of Rs.5,000.00 with default stipulation.

(2.) The genesis of the case was that on 19/5/2008, at about 10:00 am, the minor victim-'X' was proceeding towards her school when Bipul Das forcibly pushed her into a Maruti Van and drove away. He confined her in his friend Raju's house for about 5 (five) days. The informant lodged an FIR with the Police at Sonapur Police Station about the confinement of the victim in an area under Beltola. The FIR was then registered as Sonapur PS Case No. 1/2008, under Sec. 366 of the IPC and the Investigating Officer (IO, in short) embarked upon the investigation. The victim was recovered and was forwarded for medical examination. The victim was also forwarded to the Magistrate to get her statement recorded under Sec. 164 of the Code of Criminal Procedure, 1973 (CrPC, for short). After completion of investigation, charge sheet was laid against the appellant.

(3.) At the commencement of trial, a formal charge under Sec. 366 IPC was framed and read over and explained to the appellant. The appellant abjured his guilt and claimed innocence.