NUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel appearing for the appellants as well as Mr. B.Sarma, learned Addl. Public Prosecutor, Assam, for the Respondent State.

(2.) This appeal has been preferred by the appellants against the judgment and order dated 3.2.2014 rendered by the learned Addl. Sessions Judge, (FTC) Cachar at Silchar in Sessions Case no.325/2010 U/S 366/376/34 IPC convicting the accused appellants and sentencing them to undergo rigorous imprisonment for (four) years and to pay fine of Rs. 5,000/- each u/s 366/34 IPC, in default simple imprisonment for seven years and to pay a fine of Rs.5000/- each U/S 376/34 IPC in default S.I. for another four months.

(3.) The prosecution case, inter alia is that on 26.5.2009 at about 5 pm one Md. Abdul Hamid of Lamba Basti, P.S.Lakhipur Silchar, District Cachar lodged a written ezahar to the In-charge, Banskandi Police Out Post alleging that on 21.5.2009 at about 8 AM where his daughter Halima Begum (aged about 17 years) was going to the tailoring work at Banskandi Bazar, the accused appellant no.2 at the instigation of accused appellant nos. 1 and 3 kidnapped his daughter. At that time his daughter had gold ornaments on her ear, neck and hands worth Rs.25,000/- and a mobile phone worth Rs.4000/- with her. On due search, he came to learn that the accused appellant no.2 kept confined his daughter in the house of accrued appellant no.1 with the help of accused appellant nos. 1 and 3. The delay in filing the ezahar was caused for the said searching process.