JUDGMENT :

1. Heard Mr. A. Choudhury, learned counsel for the petitioner as well as Mr. A. Tiwari, learned Amicus Curiae. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam, representing the State.

2. Facts and circumstances giving rise to the present case is that on 19.05.2009, the victim/daughter of the informant Pradip Das who is a student of Class-IX did not return home after attending school examination, at about 2.30 P.M. Her father/informant made searches of her in the school premises and came to know that the accused petitioner Bhairab Das has abducted the victim girl in a black Indica vehicle and fled away. Immediately after the occurrence, father of the victim lodged an FIR against the petitioner, which was registered as Morigaon P.S. Case No.89/2009 under Sections 366-A IPC.

3. During the course of investigation, victim girl was recovered and her statement was recorded under Sections 161 and 164 CrPC. Medical examination of the victim was done. The accused Bhairab Das surrendered before the court and after completion of the investigation, charge sheet was submitted against the accused petitioner under Sections 366-A/376 IPC.

4. The accused faced the trial an