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2010 Supreme(Gau) 355

P.K.MUSAHARY
Sanjiv Baidya S/o Montu Baidya – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: P.K. Tiwari, J. Purkayastha and L. Tenzing, Advs.
For Respondents/Defendant: I. Basar, Addl. P.P., Arunachal Pradesh

JUDGMENT

P.K. Musahary, J.

1. Heard Mr. L. Tenzing, Learned Counsel appearing on behalf of the accused appellant. Also heard Mr. I. Basar, learned Addl. Public Prosecutor, for the State of Arunachal Pradesh.

2. This appeal has been preferred against judgment and order dated 22.12.2006 rendered by the learned Additional District & Sessions Judge, Fast Track Court, Namsai, in Sessions Case No. 02/2002 convicting the accused appellant under Section 366 I.P.C. and sentencing him to undergo R.I. for 3 years and 6 months with a fine of Rs. 1,000/-.

The case of the prosecution, In brief, Is that on 23.01.2002, an FIR was lodged by PW-1 of village Patirgaon to the effect that his 16 years and 3 months minor daughter (Tina' real name withheld) was missing since the afternoon of 18.01.2002 and It was reported that she had left her village in company of one Sanjiv Baidya (present appellant) of Chowkham. On the basis of the said FIR, the police registered Namsai P.S. Case No. 03/2002 under Section 366 I.P.C. On completion of the Investigation, the I.O. of the case submitted charge sheet against the accused appellant under Section 366 I.P.C. The case was committed to the court of learned Addl. Dist













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