MUKUNDA MADHAB SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal filed under Section 374 CrPC 1973 by the accused-appellant is directed against the judgment and order dated 6.12.2002 passed by Additional Sessions Judge No. 1, Tinsukia, Assam in Sessions Case No. 145 (M) 2000 convicting the appellant under Section 366 IPC and sentencing him to undergo rigorous imprisonment for 5 years and a fine of Rs. 3000/- in default to undergo rigorous imprisonment for 3 months.

(2.) The prosecution case, in brief, is that one Kailash Kumar Mittal (PW-1) lodged an FIR with Margherita PS on 3.1.2000 alleging that his daughter Sabita Kumari Mittal, PW-5 (aged 16 years and a minor) had gone missing from his house since about 7 PM on 31.12.99. On search and enquiry being made by him, he had come to learn that his missing daughter was taken away by one Shri Mukul Saikia, Wireless Operator of the Office of the Superintendent of Police of Changlang District. On the basis of such information, Margherita PS Case No. 3/2000 under Section 366(A) IPC was registered and investigation was taken up. During the investigation, sufficient incriminating evidence against the accused came to light and on the basis of such information, the victim girl was recovered from the possession of the accused on 22.1.2000. The accused was arrested and on 23.1.2000 the victim girl was produced before the SDJM Margherita and her statement was recorded under Section 164 CrPC. On completion of the investigation a charge-sheet under Section 366 A IPC was filed. On consideration of materials on record and upon hearing the parties the learned trial court was of the view that the materials on record made out a prima facie case under Section 366 IPC. A charge was accordingly framed under this section and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried. Accordingly, the accused-appellant was placed on trial.

(3.) During the trial, eight witnesses in all were examined by the prosecution in support of the prosecution case. Shri Kailash Kumar Mittal the informant was examined as PW-1, Shri Adhir Das who is a businessmen of the locality was examined as PW-2, Smti. Bimala Devi Mittal, wife of the informant was examined as PW-3, Shri Rakesh Kumar Mittal who is the son of the informant was examined as PW-4, Smti Sabita Mittal the victim girl was examined as PW-5, Dr. Kumud Chandra Das who had examined the victim girl was examined as PW-6, SI Mahendra Nath Bora, ASI attached to Margherita PS who had conducted the investigation was examined as PW-7 and SI Amulya Gogoi attached to the same Police Station who had filed the charge-sheet was examined as PW-8.