LACHIT GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 12.9.2012 of the learned Sessions Judge, Nagaon in Sessions Case no. 244/2007 under Section 363 of the IPC sentencing him to rigorous imprisonment for three years and also to pay a fine of Rs 5,000/- and in default to another six months' rigorous imprisonment.

(2.) The prosecution case in a nutshell is that one Labanya Bora lodged an FIR at Kampur police station on 23.6.2007 complaining that on 21.5.2007 at around 8 AM the appellant came to their house and taking meal left the house when her daughter, Anupama Bora went to Kampur bazaar and did not return and they came to know that the accused/appellant had forcibly taken her daughter to some unknown location. Basing on the FIR Kampur PS case 57/2007 under Section 366(A) of the IPC was registered against the accused/appellant and later the victim girl had been recovered. Statement of the victim was recorded under Section 164 of the CrPC and she was also medically examined after her recovery and on completion of the investigation charge sheet was filed against the accused/appellant under Section 366(A) of the IPC.

(3.) The offence being triable by the Court of Sessions, the said case was committed to the Court of the learned Sessions Judge, Nagaon. On receipt of the case on commital the learned Sessions Judge framed charge under Sections 366 and 376 of the IPC and when the charge is explained to the accused/appellant he denied and demanded a trial. On conclusion of the trial by the impugned judgment and order the accused/appellant is convicted under Section 363 of the IPC and sentenced him as mentioned above. Hence this appeal.