HAREZ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) None appears for the accused-appellant when the matter was called upon. Heard Mr. D. Das, learned Additional P. P., Assam.

(2.) This appeal is directed against the judgment and order dated 13.08.2004 passed by the learned Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 16 (DM)/2002 convicting the accused-appellant under Section 366 IPC and sentencing him to undergo rigorous imprisonment for 7 (seven) years with fine of Rs. 1,000/- (rupees one thousand), in default, rigorous imprisonment for another 1 (one) month.

(3.) The prosecution case is that on 19.04.1999 Mustt. Hasna Ara Begum, minor daughter of Md. Mafizuddin Ahmed, was abducted by Md. Harez Ali, the present accused-appellant, with intention to marry her while she was proceeding towards the house of one Dip Ram alongwith two of her friends, namely, Lailu Neha and Rinku Ara from her school. The accused-appellant took her to road and tried to forcefully lift her in a vehicle, which was coming towards the said place. In the said vehicle, the victim's uncle was travelling. He intervened and sent her back to her parents with one Sri Naren Deka. The father of the victim girl lodged a complaint before the Court narrating the whole story. The learned Court, after recording the statement of the complainant and holding an enquiry under Section 202 Cr. P. C., issued process against the accused-appellant under Section 366 IPC and on his appearance, committed the case to Sessions Court. The learned Sessions Court framed charge under Section 366 IPC against the accused-appellant, which was read over and explained to him. The accused-appellant pleaded not guilty and claimed to be tried.