JUDGMENT :

Rumi Kumari Phukan, J.

Heard Mr. R. Phukan, learned counsel appearing for the appellant/accused as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent.

2. This appeal has been preferred against the judgment and order, passed by the learned Addl. Sessions Judge, Jorhat, in Sessions Case No.171/2014, whereby the accused/appellant has been convicted u/s.366/376 IPC and sentenced him to undergo rigorous imprisonment for 5 years and to pay fine of Rs.3,000/-, in default simple imprisonment for one month u/s.366 IPC and rigorous imprisonment for 7 years and to pay fine of Rs.5,000/-, in default simple imprisonment for two months, u/s.376 IPC.

3. The prosecution case in a nutshell is that the mother of the victim lodged an FIR on 17.12.2012, before the O.C., Titabor P.S. to the effect that her minor daughter has been kidnapped by the accused person along with another, named in the FIR. It is submitted in the FIR that the girl has been kept forcefully in the house of the accused and only on her return, the FIR was filed.

4. On the basis of the FIR, the Titabor P.S. Case No.203/2012, u/s.366(A)/341/ 323/379/34 of the IPC was registered and the statement of