MOKESH ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment of conviction dated 30.06.2007 recorded by the learned Additional Sessions Judge (FTC) No.1, Kamrup, Guwahati in Sessions Case No.129(K)/2005 and sentencing the accused appellant to Rigorous Imprisonment for 3 (three) years and to pay fine of Rs.500/-, in default, to Simple Imprisonment for 1 (one) month is the subject matter of challenge in this appeal.

(2.) The sum and substance of the prosecution case is that on 02.10.1999, the informant Abdul Matlib lodged an FIR with the O/C, Hajo Police Station alleging therein that on 30.09.1999 at about 10 am, his niece Nurjahan Begum was forcefully taken by the appellant and one Rupjahan Bibi from her school. The accused persons were caught by the family members of the victim at Jalukbari, near Saraighat Bridge, on the following day. On the strength of that FIR, Hajo P.S. Case No. 163/1999 was registered and on completion of investigation Charge-Sheet was submitted against the accused appellant Mokesh Ali and the co-accused Rupjahan Bibi under Sections 366(A)/34 IPC.

(3.) The case was committed to the Court of sessions. Trial commenced before the learned Additional Sessions Judge (FTC) No.1, Kamrup, Guwahati. In order to prove the charge under Section 366(A)/34 IPC which has been framed against the accused, the prosecution examined as many as 8 witnesses including the Medical Officer and the Investigating Officer. On conclusion of the trial, the learned Additional Sessions Judge convicted the accused appellant Mokesh Ali and the accused Rupjahan Bibi under Sections 366(A)/34 IPC and convicted and sentenced them as stated above. Hence, this appeal which has been preferred by the accused appellant Mokesh Ali.