JUDGMENT :

PARTHIVJYOTI SAIKIA, J.

1. Heard Md. K. Rahman, learned counsel appearing for the petitioners as well as Ms. M.B. Baruah, learned Legal Aid Counsel representing the respondents.

2. This is an application under Section 397 read with Section 401 of the Cr.P.C. whereby the Judgment and Order dated 18.12.2017 passed by the learned Sessions Judge, Jorhat in Criminal Appeal No. 34/2017 arising out of the Judgment and Order dated 09.12.2016 passed by the learned Assistant Sessions Judge, Jorhat in Sessions Case No. 89 (JT)/2016 are put to challenge.

3. One 20 years old girl was having a love affair with the present petitioner. Both eloped from their houses and co-habited. The father of the girl had lodged FIR before the Police that his 20 years old daughter was kidnapped by the present petitioner on a promise of marriage. Subsequently, the petitioner handed over the girl to his paternal uncle. Thereafter, the girl informed her parents over telephone and ultimately she was brought home.

4. After a routine investigation, Police filed the Charge Sheet against the present petitioner and his paternal uncle named Bitu Saikia under Sections 419/366 of the IPC. An additional Charge Sheet wa