JUDGMENT

Manish Choudhury, J. - This appeal from jail is preferred against the judgment and order dated 11.07.2018 passed by the Court of Special Judge, Cachar at Silchar ("the trial Court", for short) in Special (POCSO) Case No. 23/2016 whereby the accused-appellant has been convicted under Section 366, Indian Penal Code ("the I.P.C.", for short) and sentenced to undergo rigorous imprisonment for 5 (five) years and to pay a fine of Rs. 2,000/- (Rupees two thousand), in default of payment of fine, to undergo simple imprisonment for further 2 (two) months. The accused-appellant has also been convicted under Section 4 of the Protection of Children from Sexual Offences Act, 2012 ("the POCSO Act", for short) and on that count, he has been sentenced to undergo rigorous imprisonment for 7 (seven) years with fine of Rs. 2,000/- (Rupees two thousand), in default of payment of fine, to undergo simple imprisonment for another 2 (two) months. The sentences are ordered to run concurrently.

2. Heard Ms. Purnima Baruah Bordoloi, learned Amicus Curiae for the accused-appellant and Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam.

3. The prosecution story, in brief, as unfolded from the First Information Report (FIR) (Ext.-1) lodged by one Md. Abdul Habiz Barbhuiya (P.W.-2), on 06.03.2013, before the Officer In-Charge, Joypur Police Station, District - Cachar, Assam is that his daughter, aged about 14 years, was a student of Class-X. She used to go to tuition classes every day morning to the house of a teacher at Nutan Bazar, Joypur. On 04.03.2013, at about 8-00 a.m., his daughter went to Nutan Bazar, Joypur in the vehicle, a Cruiser bearing registration no. AS-11/AC-7024, belonging to the accused for tuition but as soon as she tried to get down from the vehicle at Nutan Bazar, Joypur the accused forcefully dragged her into the vehicle and kidnapped her by speeding away at once driving the vehicle. The accused, on that day, had allowed another person to drive the vehicle. Coming to know about such kidnapping, the informant''s side searched for the victim but till the time of lodging of the FIR, she could not be traced.

4. On receipt of the said FIR, the Officer In-Charge, Joypur Police Station registered a case being Joypur Police Station Case No. 11/2013 under Section 366A, I.P.C. and took up the investigation of the case himself as the Investigating Officer (I.O.). Correspondingly, G.R. Case No. 799/2013 was registered. During the course of investigation, the I.O. (P.W.-12) visited the place of occurrence and prepared a sketch map of the place of occurrence (Ext.- 5). The statements of the witnesses were also recorded by him under Section 161, Code of Criminal Procedure, 1973 ("the Cr.P.C.", for short). The victim girl was stated to have been recovered, on 09.03.2013, from a rented house located at Ladrimbai, Meghalaya with the assistance of local police. After such recovery of the victim, she was taken back to Silchar and sent for medical examination. Thereafter, the statement of the victim was recorded under Section 164, Cr.P.C. on 11.03.2013. The Cruiser vehicle bearing registration no. AS-11/AC7024 along with documents was seized from the possession of one Sri Niranjan Paul, the owner of the Cruiser vehicle. When attempts to apprehend the accused failed as he was found absconding, the I.O. submitted a charge sheet being Charge Sheet No. 13/2013 dated 30.06.2013 (Ext.-9) finding a prima facie case established against the accused under Sections 366A/376, I.P.C. and in the said charge sheet, the accused-appellant was shown as an absconder.

5. On submission of the charge sheet, the Court of Judicial Magistrate, 1st Class, Cachar, Silchar issued warrant of arrest against the accused-appellant. The accused was, thereafter, arrested and was produced before the said Court on 03.03.2014 from jail custody. The Court of Judicial Magistrate, 1st Class, Cachar, Silachar by securing the production of the accused from jail