ALAUDDIN ALI AND ANR Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-12-77
HIGH COURT OF GAUHATI
Decided on December 18,2018

Alauddin Ali And Anr Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) The present revision has been preferred against the judgment and order dated 11.12.2009, passed by the learned Addl. Sessions Judge, Darrange, Mangaldoi in Criminal Appeal No.24(D3)/2008, whereby the judgment and order dated 08.07.20018, passed by the learned Judicial Magistrate, 1st Class, Mangaldoi in G.R. Case No.410/2000, is upheld wherein the accused/petitioners were convicted under Section 366 IPC and sentenced to suffer S.I. for two years with a fine of Rs.1000/-, in default S.I. for another two months.
(2.) Briefly stated the prosecution case is that on 06.04.2000, the father of the victim lodged an FIR alleging inter alia that his daughter, aged about 15 years 8 months, was found missing from the house since 03.04.2000 and subsequently they came to know that the accused Md. Aftab Ali along with his family members have kidnapped his daughter. On the basis of the aforesaid FIR, the Paneri P.S. Case No.29/2000 was registered under Section 366 IPC and on due investigation, the case was charge sheeted against four accused persons namely: (1) Md. Asmohammad Ali, (2) Md. Aftab Ali, (3) Salauddin Ali and (4) Alauddin Ali.
(3.) During the course of the trial, one of the accused Asmohammad Ali expired and accused Aftab Ali absconded and the other two accused persons i.e. the present two revision petitioners faced the trial and they denied the charge.;


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