MD. SULTAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Mahajan, learned counsel appearing for the appellant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam.

(2.) This is an appeal under Sec. 374 (2) of the Code of Criminal Procedure against the judgment and order dtd. 30/11/2021 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No.172 of 2019. The appellant was convicted under Sec. 370(4) of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for 10(ten) years and to pay a fine of Rs.5,000.00 with default stipulations.

(3.) An FIR was lodged before police stating that the appellant Sultan Ali claiming to be a resident of Amolapam village near Napam Central University, became acquainted with the informant Mariyam Lakra. The appellant allegedly told the informant that he will keep her 11 year old daughter Minali Lakra in his house and provide school education to her. Accordingly, Mariyam Lakra handed over her daughter to the appellant. After that, Mariyam Lakra used to call the appellant over telephone but he never gave the telephone to her daughter to talk to her mother. Mariyam Lakra started to develop suspicion. One day, she went to Amolapam village in search of the appellant. The father of the appellant told Mariyam Lakra that the appellant had shifted his house to a rented accommodation at Poroua village and in that house, her daughter does not stay with the appellant. Thereafter, Mariyam Lakra came to know that the appellant along with another person called Saidul Islam had sold her daughter.