STATE OF ASSAM Vs. MINTU PAUL

JUDGEMENT

(1.) THIS is an appeal preferred by the State under Section 378 Cr. P. C. , whereby the appellant has challenged the legality and validity of the judgment and order, dated 24. 6. 1999, passed, in Sessions Case No. 131/1995, by the learned Assistant Sessions Judge, Cachar, Silchar, acquitting the accused-respondent of the charges framed against him under Sections 366 and 376 of the IPC.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described thus : On 6. 10. 1995, at about 3 A. M. , at night, the victim (hereinafter referred to as 'x') went out of her paternal house to make water and did not return home. On an enquiry made by her father (PW 1) and their other relatives, it came to light that the victim, 'x', had been enticed and taken away by the accused, who is the maternal uncle of the victim, 'x'. On coming to know that it was the accused, Mintu Paul, who had accompanied his said minor daughter ('x'), PW 1 lodged a written Ejahar on 13. 10. 95. Treating the said Ejahar as the First Information Report, police registered a case against the accused under Section 366 IPC. During the course of investigation, the victim ('x') was recovered alongwith the accused from a place called Katigorah, whereupon 'x' was medically examined and, on completion of the investigation, the police laid a charge-sheet against the accused under Section 366 IPC.

(3.) AT the trial, the learned trial Court framed charges under Sections 366 and 376 of the IPC against the accused. The accused, however, pleaded not guilty thereto.