KAMAL CH BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant stands convicted u/s 366 IPC vide judgment and order dated 31.8.2006 passed by learned Sessions Judge, Kamrup in Sessions Case No. 369 (K) of 2005. By the impugned judgment, the appellant has been sentenced to undergo 5 years RI and also to pay fine of Rs. 5000/- with default sentence of 1 year RI. Being aggrieved with this conviction and sentence, the convict has preferred this appeal.

(2.) I have heard Mr. N. Chakraborty, learned counsel for the appellant and Shri P.C. Gayan, learned PP for the State. Also perused the impugned judgment and the prosecution evidence.

(3.) The prosecution case is that the victim girl was working at a PCO at Serabbhati at Guwahati. On 01.09.2005, while the victim girl was going home, she was allured by the appellant to get married and took her to Mumbai with an attempt to sell her to a prostitute home. However, nearly after a month, she escaped from the custody of the appellant and reached Guwahati on 26.9.2005 and lodged a written FIR at Paltan Bazar Police Station on 02.10.2005.