MD. FURKAN ALI Vs. THE STATE OF ASSAM AND ANR.
HIGH COURT OF GAUHATI
Md. Furkan Ali
The State Of Assam And Anr.
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MIR ALFAZ ALI,J. -
(1.) Heard Mr. Anisul Alom for the appellant and Mrs. S. Jahan, Addl. P.P. for the State and Mr. B.N. Gogoi for the informant.
(2.) This appeal is directed against the judgment and order dated 15.12.2015 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 23/2015. By the said judgment, learned Sessions Judge convicted the appellant under Section 366A/376(2) and 372 IPC and sentenced him to imprisonment for 10 years on each count and to pay fine of Rs. 10,000/- with default stipulation.
(3.) As per prosecution case, the present accused appellant was residing in a rented house of one Najim Ali near the house of the informant. On the day of occurrence, the present appellant and his wife kidnapped the victim by inducement and thereafter inspite of all effort, he could not trace out the whereabouts of the victim. Ultimately on 18.02.2009 the victim somehow could manage to get herself freed from the clutch of the accused and came home. On coming home, the victim informed, that the accused appellant took her to Delhi and sold out her to a brothel. When she refused to stay there, she was subjected to physical torture. The accused brought her to Dimapur and tried to sell her again. However, knowing the intention of the accused, she could manage to escape from Dimapur with the help of a girl and reached home. Having came to know about the occurrence, the father of the victim lodged the FIR (Ext.1). On the basis of the said FIR, police registered a case and commenced investigation. During investigation, the victim was examined by doctor, her statement was recorded under section 164 CrPC, 1973 and eventually charge sheet was laid against the present appellant under Section 366A/376(2) and 372 IPC.;
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