1. Heard Smti Rita Devi, learned Counsel, appearing for the appellant. Also heard Smti A. Begum, learned Additional P.P., Assam, for the respondent.

2. This appeal is directed against the judgment and order dated 26.05.2003, passed by the learned Sessions Judge, Sonitpur, in GR Case No.996/2001, convicting under Section 448/342/376 IPC and sentencing him to undergo RI for 3 (three) years and also to pay fine of Rs, 1,000/- only, in default to undergo RI for another 3 (three) months under Section 376 R/W Section 511 IPC to undergo imprisonment for 3 (three) months and also fine of Rs.500/- only, in default to undergo for another 1 (one) month under Section 448 IPC and further to undergo imprisonment for 3 (three) months and to pay fine of Rs.500/- only, in default to undergo RI for another 1 (one) month under Section 342 IPC, which would run simultaneously.

3. Briefly stated, the prosecution case, is that on 28.07.2001, at about 11 a.m., taking advantage of the absence of parents, the accused committed trespass into the house of the informant and kidnapped his first daughter Anju Rani (real name withheld) and kept her confined, in his house. The victim’s father, Shri Nirmal Nath, lodg

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