MD. FIZNUR ALI Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
Md. Fiznur Ali
STATE OF ASSAM
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MIR ALFAZ ALI,J. -
(1.) Heard Mr. A Choudhury, learned counsel for the petitioner and Ms. S Jahan, learned Addl. PP, Assam.
(2.) This appeal is directed against the judgement and order dated 30.10.2009 passed by learned Additional Judge, F.T.C., Rangia in Sessions Case No.47(K-R)/2009. By the said judgement, learned Addl. Sessions Judge convicted the accused/appellant under Section 366 IPC and sentenced to imprisonment for 4 (four) years with fine of Rs. 1000/- and further imprisonment for 2 (two) month in default of payment of fine.
(3.) As per the prosecution case, on 10.04.2008, when the victim aged about 14 years was going to school at about 9.30 am in the morning the accused/appellant Fiznur Ali kidnapped her. The bicycle and the books of the victim were found lying on the road and the father of the victim (PW-1) lodged the FIR (Ex-1). On the basis of the said FIR, police registered a case and after usual investigation submitted charge-sheet against the accused/appellant under Section 366(A)/376 I.P.C.;
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