BIRINCHI KUMAR BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. P. Bhowmik, learned Sr. counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned Addl. Public Prosecutor, Assam for the State respondent No. 1 as well as Mr. M. K. Das learned Amicus Curiae appearing for the accused respondent No. 2.

(2.) The instant Criminal Revision petition was originally registered as Criminal Appeal No. 112/2010 under Section 378 of the Code of Criminal Procedure (for short 'Cr.P.C'), on 02.08.2010 and in view of the order passed by this Court vide Order dated 25.11.2010 reregistered as Criminal Revision Petition No. 475/2010, whereby the informant/petitioner challenged the legality and correctness of the judgment and order, dated 08.06.2010, passed by the learned Assistant Sessions Judge, Jorhat in Sessions Case No. 42(JJ)/2009 acquitting the accused respondent No. 2 of the charges under Sections 366/376 of the Indian Penal Code (for short 'IPC').

(3.) The petitioner's case, in a nutshell, is that he lodged an FIR on 29.11.2008, before the Officer-in-Charge of Pulibor Police Station alleging, inter-alia, that on 17.11.08, his daughter was kidnapped by the accused respondent No. 2, Shri. Jibon Chandra Das forcefully on her way to College.