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ARUN DEV CHOUDHURY
Krishna Hazarika, Son Of Sri Bubul Hazarika – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. N Mahajan, learned counsel for the appellant. Also heard Mr. D Das, learned Additional Public Prosecutor, Assam.
2. The present appeal is preferred against the judgment and sentence dated 14.11.2011 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 54/2008 corresponding to GR Case No. 750/2008 whereby the present appellant was convicted under Section 366 of IPC and the appellant was sentenced to undergo rigorous imprisonment for 4 years and also to pay fine of Rs. 1,000/-and in default to undergo rigorous imprisonment for another two months.
3. The prosecution was launched on the basis of an FIR by the PW2 on 29.06.2008 before the Morigaon police station, inter-alia, alleging that the present appellant had kidnapped his minor daughter (name withhold) from the village Borongabari for illegal purpose and confined her for the same purpose. On the basis of such FIR, a police case being Morigaon PS case No. 175/2008 under Section 366 IPC was registered and after completion of investigation the investigating officer laid charge-sheet against the accused under Section 366 IPC.
4. To bring whom the charges against the appellant, the prosecution exa
The consent of the minor is immaterial in cases of kidnapping from lawful guardianship, and persuasion by the accused creating willingness on the part of the minor to be taken out of the keeping of t....
The prosecution must prove the specific intent and compulsion required for the offences under Section 366 and Section 452 of the IPC. Thorough investigation and the recording of the victim's statemen....
The central legal point established in the judgment is the requirement for clear and consistent evidence to establish the elements of a criminal offense, particularly regarding the age of the victim ....
To convict for abetment under IPC, the prosecution must prove the abettor's intent and that the act was committed as a consequence of the abetment, which was not established here.
The main legal point established is the requirement for the victim's testimony to inspire confidence and be trustworthy in cases of sexual assault, and the need for corroborating evidence to affirm c....
The court reaffirmed that consent of a minor is immaterial in cases of kidnapping under Section 361 IPC, and the prosecution must prove the act of taking or enticing a minor from lawful guardianship ....
The court affirmed the importance of credible evidence in sexual offense cases against minors while upholding the conviction for unlawful abduction but not for rape due to lack of proof.
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