ORDER :

1. Heard Mr. K. Agarwal, learned senior counsel appearing for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor, Assam.

2. An ejahar dated 18.04.2006 was lodged by Kazi Atowar Rahman before the Officer-in-Charge, Barpeta Police Station (Sadar) inter-alia stating that at about 8 P.M. of the previous night when his daughter went to pass urine, the appellant herein namely, Arshadul Islam in furtherance of a conspiracy along with another accused namely Rafiqul Islam by taking advantage of the situation gagged the 15 years old minor daughter of the informant namely, Aklima Khatun and lifted and took her with him and in doing so there were two or three persons along with him. An allegation was also made that it has been mentioned in some letter that the informant and his daughter would be killed. An apprehension was raised that the accused appellant may sexually exploit his daughter or may sell her in some other unknown place or may kill her. On the basis of the information being lodged with the police, the Barpeta Police Station Case No. 238/2006 under Section 366-A of the IPC was registered. At the stage of the trial, the following charges were framed aga