HABIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and sentence dated 30.03.2007 passed by the learned Sessions Judge, Barpeta in Sessions Case No. 177/2006 arising out C.R. Case No. 399/2006 convicting the accused appellant under Sections 365/34 IPC and sentencing them to Rigorous Imprisonment for 5 (five) years and to pay fine of Rs. 10,000/- in default, to Rigorous Imprisonment for 2 (two) years under Sections 365/34 of the IPC.

(2.) The factual aspects of the case in a nutshell is that a complaint was filed by the complainant Abdus Salam before the learned Chief Judicial Magistrate, Barpeta on 04.03.2006 alleging therein that in the month of June in the previous year, his son Bulbul Hussain was picked up by the accused petitioner Habibar Rahman in a Tempo while he was going to the house of his paternal aunt and he was assured that he would be taken to the house of Habibar Rahman. When they arrived at Barpeta road, they were joined by one Alam Ali and both of them took him to Delhi in a train.

(3.) In Delhi, his son was engaged as a labour in building construction work and thereafter, he was taken to the house of one Munni who informed his son that he was sold to her and he was not allowed to come out of her house. He had to remain in her house for about 8/9 months. The villagers having come to know about the incident caught Habibar Rahman and he admitted before the villagers that he along with Dilowar Rahman, Alam Ali and Md. Karim took the boy to Delhi. He was immediately brought to Howly outpost and he admitted before police about the crime committed by him. The I/C, Howly outpost released Habibar Rahman and directed him to produce the son of the complainant and accordingly, Habibar Rahman and Dilowar Rahman brought his son to home on 30th day of January and left at Howly bazar. An FIR was lodged with the I/C, Howly outpost but no action was taken on the FIR, which compelled the complainant to file the complaint before the court.