SRI MILON BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Criminal Revision Petition, before this court, is filed challenging the legality and propriety of the judgment and order, dated 4.1.2007, passed by the learned Assistant Sessions Judge, Golaghat, convicting and sentencing the accused revision petitioners to rigorous imprisonment for 5 years and a fine of Rs. 5,000/-, in default, rigorous imprisonment for another 1 month as well as the judgment and order, dated 5.9.2007, passed by the learned Sessions Judge, Golaghat, in Criminal Appeal No. 5/2007, affirming the conviction and sentence imposed upon both the accused revision petitioners by the learned trial court.

(2.) Heard Mr. A. Choudhury, learned counsel for the revision petitioner as well as Mr. N.K. Kalita, learned Additional Public Prosecutor for the state.

(3.) The case of the prosecution is that, on 26.10.200 at about 6:30 p.m., while the victim, Smti. Sarifa Begum, was standing in front of her residence, the accused revision petitioners appeared there in a Maruti Van and forcibly took her into the van, and then, left towards Nagaon. One Md. Rajib Ali witnessed the occurrence, and he, in no time, informed the father of the victim Md. Rezzak Ali about the occurrence. The father of the victim, aforesaid, and Rezzak, immediately, in another car, followed the Maruti Van and could found the same in front of a restaurant at Jokholabandha. Then, with the help of the police there, he apprehended the driver of the vehicle, and on being led by the driver of the victim, i.e. the accused petitioner Milan Bora, recovered the accused revision petitioner Sahidur Rahman and the victim girl from a nearby house. Then, the aforesaid and Rezzak lodged the FIR. Both the accused revision petitioners and the victim were taken to Jokholabandha Police Station.