JUDGMENT :

Heard Ms. T. Begum, learned counsel for the appellant. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State respondent.

2. This appeal filed under Section 374 of the Code of Criminal Procedure challenging the impugned Judgment and Order dated 21.05.2012 passed by the Court of learned Assistant Sessions Judge, Goalpara in Sessions Case No.154/2011 convicting the accused/appellant under Section 366(A) of IPC and sentenced him to undergo rigorous imprisonment for 5(five) years and to pay a fine of Rs.4,000/- and in default of payment to undergo R.I. for 4(four) months.

3. The brief facts of the prosecution case is that, one Hareswar Das lodged an FIR on 23.03.2011 before the Officer-in-Charge, Goalpara Police Station alleging inter-alia that his wife Mrs. Rasomoni Das along with his minor daughter have been kidnapped on 20.03.2011 at about 8.30 A.M. After receipt of the FIR, the case was registered as Goalpara P. S. Case No.110/2011 under Section 366 of IPC. During the investigation public recovered the victim and his minor daughter and accordingly, her statement was recorded under Section 164 of Cr.P.C. and on completion of investigation, the polic