JUDGMENT :

Susmita Phukan Khaund, J.

Heard Mr A Ahmed, learned counsel for the appellant, and Mr K Baishya, learned Additional Public Prosecutor for the State of Assam.

2. This appeal is directed against the Judgment and order dated 09.07.2013, passed by the learned Sessions Judge, Dhemaji, in connection with Sessions Case No. 87(DH)/2011, convicting Sri Anujoy Das (hereinafter referred as the appellant), under Section 363 of the Indian Penal Code, 1860 (IPC, for short) and sentencing him to undergo Simple Imprisonment for 4 years and to pay a fine of Rs.5,000/-, with default stipulation, with a direction to pay the fine amount as compensation to the victim, as per provisions of Section 357 of the Code of Criminal Procedure, 1973 (CrPC, for short).

3. The genesis of the case is that the minor victim who was 15 years old was kidnapped by the appellant while she came out of the house to answer nature’s call. An FIR regarding this incident was lodged by the father (also referred to as –‘Y’ or informant). Investigation commenced and after recovery of the victim (also referred to as-‘X’), she was forwarded to the Magistrate for recording her statement under Section 164 CrPC and for medical