MD ELUMUDDIN ALI @ DILBAR Vs. STATE OF ASASAM

JUDGEMENT

(1.) This criminal appeal is preferred by the appellant, Md. Elumuddin Ali @ Dilbar, challenging the judgment and order, dated 27.7.2009, passed by the learned Additional Sessions Judge (FTC) No. 2, Kamrup (M), in Sessions Case No. 280(K)/2005, convicting the accused-appellant under Section 363 of the IPC and sentencing him to rigorous imprisonment for 1 year with a fine of Rs. 500/-, in default of payment of fine, to suffer rigorous imprisonment for 1 month.

(2.) The fact leading to the prosecution case is that, the informant, on 103.1993, lodged an FIR with the Hajo Police Station alleging that his sister "x" had love affairs with the accused-appellant and she eloped with him.

(3.) On receipt of the FIR, Hajo Police Station, registered a case, being No. 55/1993 under Section 366 of the IPC against the accused-appellant, investigated into it, collected evidence, and on completion of the investigation, laid the charge-sheet against the accused-appellant under Section 366 of the IPC.