JUDGMENT AND ORDER :

M. Zothankhuma, J.

Heard Mr. R Sarma, learned Amicus Curiae appearing for the appellant. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor, appearing for the State respondent.

2. The present appeal has been preferred against the judgment dated 01.03.2017, passed by the learned Sessions Judge, Kokrajhar in Sessions Case No. 33/2016, by which the appellant has been convicted under Section 364(A) IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5,000/-, in default simple imprisonment for 3 (three) months.

3. The brief facts of the case is that an FIR dated 18.07.2015 was submitted by PW-1, who is the father of the kidnapped victim Manash Mazumdar, with the Officer-In-Charge of Kokrajhar Police Station, stating that at about 3:30 pm on 17.07.2015, the appellant had taken away his son by taking him for a walk. Despite searching for his whereabouts, they could not trace his son. He accordingly prayed that necessary action should be taken to recover his son.

4. Pursuant to the FIR, Kokrajhar P.S. Case No. 633/2015 under Section 365 IPC was registered.

5. During investigation of the case, 8 (eight) persons were initially arrested. Th