Decided on October 10,2018

Mangal Arya Appellant
STATE OF ASSAM Respondents


KALYAN RAI SURANA,J. - (1.) Heard Mr. AD Choudhury, the learned Amicus Curiae appearing for the appellant as well as Ms. SH Bora, the learned Additional Public Prosecutor, Assam for the State and Mr. M.U. Mondal, the learned counsel appearing on behalf of the informant in the case.
(2.) This appeal has been preferred from jail by the accused- appellant. The appeal was forwarded by the Supdt. of Jail, Goalpara to this Registry of this Court and on receipt of the same, this Appeal was registered. The accused-appellant was tried for an offence committed under Section 366 (A) of IPC and on trial, the accused-appellant was convicted to undergo sentence of rigorous imprisonment for 7 years and also to pay fine of Rs.2000/-, in default, further rigorous imprisonment for 6 months.
(3.) The case in brief is that on 26.11.2010 the informant Dolly Arya has lodged an FIR with Dhaligaon PS alleging that on 24.11.2010 at about 4:00 PM her daughter, namely, 'X' (name withheld as the victim was then minor), who was a student of Class-VIII of Dhaligaon High School was missing from the house in the absence of other family members. The informant subsequently came to know that the accused-appellant had eloped with her daughter and kept her hidden at an unknown place. On receipt of the FIR, Dhaligaon PS No.148/2010 was registered under Section 366 (A) IPC and the matter was investigated. During investigation, the accused-appellant was shown as absconder. On receipt of a charge-sheet, the learned trial court issued warrant of arrest and on arrest, the appellant was forwarded to judicial custody. The learned court of SDJM (S), Bongaigaon committed the case before the court of learned Sessions Judge, Bongaigaon for trial. The case was transferred for trial to the court of learned Assistant Sessions Judge, Bongaigon for trial. The charges were framed under Section 366 (A) IPC against the accused-appellant. On explaining the charges, the accused-appellant pleaded not guilty and claimed to be tried.;

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