SIBU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr NS Laskar, learned counsel for appellant. Also heard Mr B. Sarma, learned additional public prosecutor for the state.

(2.) This appeal is filed against judgment of the learned Sessions Judge, Cachar dated 30.5.2008 in criminal appeal 10/2006 whereby the appellant is convicted under Section 366 of the IPC and sentenced to r/i for two years with a fine of Rs 1,000 and in default to R/I for one month.

(3.) The prosecution case in a nutshell is that on 21.10.2005 one Sanjib Chanda lodged an FIR with the officer-in-charge of Katigorah police station to the effect that his younger sister Bappi Chanda had been kidnapped by accused Sibu Das on 17.10.2005 at around 6.30 PM. The said FIR was filed only after recovery of the victim girl. The victim gave statement that she was forcibly taken away from her house. Katigora PS case 399/2005 u/s 366(A) of the IPC was registered. On due completion of investigation charge sheet was submitted against accused under Section 366(A) of the IPC. Accused faced the trial and denied the charge brought against him. Prosecution examined five witnesses including the medical officer and investigating officer. Defence did not examine anybody. The plea of the defence is of total denial. Accused in his statement u/s 313 of the CrPC has also denied the allegation. On conclusion of the trial the accused is convicted and sentenced as aforesaid. Hence this appeal.