1. Heard Mr. U.K. Barman, learned counsel for the appellant and Mr. D. Das, learned Additional Public Prosecutor, Assam.

2. This appeal is directed against the judgment of conviction dated 01.04.2006 of the learned Sessions Judge, Kamrup in Sessions Case No.27(K)/2004. By the said judgment, the accused/appellant has been convicted u/s 392 IPC with the sentence of rigorous imprisonment for 02(two) years and also to pay a fine of Rs.3000/- (Rupees three thousand) and in default, to undergo further rigorous imprisonment for 06(six) months.

3. The prosecution story in brief is that one Kandarpa Ram Kalita (PW-1) lodged an FIR on 06.08.1999 stating therein that in the morning, his vehicle, a Maruti Van bearing registration No.AS-01D-6946 was hired by four youths near Nak Kata Pukhuri, Guwahati. They said to be passengers for Hajo. When the vehicle reached Kedar Mandir at about 3.30 P.M., the youths assaulted him, who was the driver of the vehicle and removed him from the vehicle. Thereafter, the youths fled away along with the vehicle. In the FIR, the informant stated that he would identify the assailants, if they were apprehend by police.

4. Pursuant to the aforesaid FIR,