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2024 Supreme(Gau) 535

MITALI THAKURIA
Pabitra Ningda, S/O Late Bhuteswar Ningda – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S. K. Bhattacharjee
For the Respondent: Ms. T. Jini, Addl. P.P., A.P.

 

Heard Mr. S. K. Bhattacharjee, learned counsel for the appellant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent.

2. This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973, filed by the appellant on behalf of the accused, against the impugned judgment and order dated 27.03.2018, passed by the learned Session Judge, Tezu, East Session Division, Arunachal Pradesh, in Sessions Case No. 05/CLG/2012, under Sections 302/201 of the Indian Penal Code, convicting the accused under Section 304 Part-II of the Indian Penal Code and sentenced him to suffer Rigorous Imprisonment of 5 (five) years with fine of Rs. 20,000/- and in default imprisonment for another 6 (six) months.

3. The brief facts of the case is that on 21.09.2011, one Khifuja Yobin lodged a complaint before the Circle Officer, Vijaynagar against the present accused-Tashi Sherpa with the allegation that in the evening of 15.09.2011, at about 7.45 p.m., the accused eloped with his daughter, Ms. X (name withheld), from Bazar Line, Vijaynagar. When the accused was enquired by the village authority, he admitted that he gave Rs. 1,000/- to her and sent her with a torch to Yo

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