SAMARU BHUYAN, S/O LATE CHAT BHUYAN Vs. STATE OF ASSAM
LAWS(GAU)-2018-5-132
HIGH COURT OF GAUHATI
Decided on May 31,2018

Samaru Bhuyan, S/O Late Chat Bhuyan Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This appeal, under Section 374(2) of the Cr.P.C., is preferred against the judgment and order, dated 3.9.2010, passed by learned Sessions Judge, Dibrugarh, in Sessions Case No. 98/2008, convicting and sentencing the accused-appellant, under Section 363 of the IPC, to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 1,000/- and in default of payment of fine, rigorous imprisonment for 3 months.
(2.) The fact leading to the case is that, the victim, a girl of about 13 years of age, was kidnapped by the accused-appellant on 22.3.2008. The victim could not be found out by the informant in spite of effort to that effect, and therefore, filed the FIR on 24.3.2008 with the Ghoramara Police Outpost, and thereafter, on receipt of the FIR from the Ghoramara Police Outpost, the Lahowal Police Station, registered a case, investigated into it, collected evidence, and finally, submitted charge-sheet against the accused-appellant under Section 366 of the Cr.PC.
(3.) After exhausting all the required legal formalities, the learned trial court, framed a formal charge against the accused-appellant under Section 366 of the IPC, to which he pleaded not guilty and claimed to be tried. Therefore, the trial commenced.;


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