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2004 Supreme(SC) 475

B.P.SINGH, N.S.HEGDE
Moniram Hazarika – Appellant
Versus
State Of Assam – Respondent


JUDGMENT

Santosh Hegde, J.-The appellant before us was charged of an offence punishable under Section 366 IPC before the Addl. Sessions Judge, Jorhat who after trial sentenced him for an offence punishable under the said section to undergo RI for three years and a fine of Rs. 300/- in default in payment of fine to undergo further RI for three months. An appeal filed against the said judgment and conviction before the High Court of Gauhati came to be dismissed by the impugned judgment and the appellant is now before us in this appeal.

2. Brief facts necessary for the disposal of this appeal are as follows:-

On 30.3.1990 at about 8.30 p.m., PW-1 Paresh Saikia lodged a complaint in Bebarapara police out post alleging that his younger sister Bibi. Saikia who was a minor had been kidnapped by the appellant herein who was also a resident of the same village. On the basis of the said complaint a case was registered and investigation was initiated. In the course of the investigation, the I.O. recorded the statement of as many as six witnesses and on completion of the investigation a chargesheet under Section 366 IPC was filed before the trial court. In the complaint filed by PW-1, as also in
















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