AKTAR ALAM Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Appellant was sent up for trial for offences under Sections 363 and 366 of the Indian Penal Code (in short "IPC") before the Court of the Learned Sessions Judge, Special Division II, East Sikkim at Gangtok, registered as Sessions Trial Case No.22 of 2012 and was ultimately found guilty of the offences on both accounts and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 500/- (Rupees five hundred) under Section 363 IPC and, rigorous imprisonment for 4 years and to pay a fine of Rs. 1,000/- (Rupees one thousand) for offences under Section 366 IPC. In default of payment of the fine, he was directed to undergo further simple imprisonment for 1 month and 2 months respectively for the offences by the impugned judgment dated 25-03-2013.

(2.) (i). Stated briefly, the case of the prosecution is that on 17-01-2012 at 1340 hours, the Officer-in-Charge, Sadar Police Station, Gangtok, received a written FIR from Smt. Parbhati Devi, P.W.1, stating that her 14 years old daughter, Pinky Kumari, P.W.2, was abducted by one Md. Aktar Alam, i.e., the Appellant, resident of Bojoghari, Gangtok, East Sikkim, with ulterior motives.

(3.) The Appellant having pleaded not guilty to the charge, the trial commenced against him which ultimately resulted in the impugned judgment being passed against him.