1. This appeal is directed against the judgment and order dated 29.09.2007, passed by the learned Additional Sessions Judge, (FTC) No. 4, Kamrup, Guwahati in Sessions Case No. 61(K)/2007 convicting the accused appellant u/s 366 of the IPC and sentencing him to RI for 4 years and to pay fine of Rs. 1000/- with a default stipulation.

2. The accusation against the accused appellant is that on the night of 29.05.2005, the accused appellant kidnapped the minor daughter of the informant aged about 15 years while she was sleeping in her house. Written FIR to that effect was lodged on that very day on the basis of which a case was registered and on completion of investigation charge sheet was submitted u/s 366 A of the IPC against the accused Ranjit Kalita and Ripunjoy Kalita. The accused Ripunjoy was acquitted by the trial court and the present appeal has been preferred by Ranjit Kalita challenging his conviction.

3. During trial the prosecution examined 10 witnesses including the MO and the IO. The accused pleaded that he had love affair with the alleged victim and she herself eloped with him. He denied that he kidnapped her. In support of his defence he examined 3 witn