GAHC010161862024 2025:GAU-AS:16950

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.A./255/2024

MD. MAKHAN ALI AND ANR.

S/O LT NUR ALI,

VILL.- NO. 2 GARUAJHAR, MOULABI BASTI, P.S.- PANERY, DIST.-

UDALGURI, ASSAM. 2: MD. BADSHA ALI

S/O LT MOFIZ ALI

VILL.- NO. 1 GARUAJHAR

P.S.- PANERY

DIST.- UDALGURI

ASSAM VERSUS

THE STATE OF ASSAM AND ANR.

REP. BY P.P., ASSAM.

2:ELIZA BEGUM @ RANJU

D/O EYAD ALI

VILL.- NO. 2 DURGARGAON

P.O.- TAMULPUR P.S.- TAMULPUR

DIST.- BAKSA

ASSAM

PIN- 781367

Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M R CHOUDHURY,MR.

M ISLAM

Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, AMICUS CURIAE(R-2)

Linked Case : I.A.(Crl.)/749/2024 MD. MAKHAN ALI AND ANR S/O LT NUR ALI VILL.- NO. 2 GARUAJHAR MOULABI BASTI P.S.- PANERY DIST.- UDALGURI ASSAM.

2: MD. BADSHA ALI S/O LT MOFIZ ALI VILL.- NO. 1 GARUAJHAR P.S.- PANERY DIST.- UDALGURI ASSAM. VERSUS THE STATE OF ASSAM AND ANR.

REP. BY P.P.

ASSAM.

2:ELIZA BEGUM @ RANJU D/O EYAD ALI VILL.- NO. 2 DURGARGAON P.O.- TAMULPUR P.S.- TAMULPUR DIST.- BAKSA ASSAM PIN- 781367.

------------

Advocate for : MR. N UDDIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

:: BEFORE ::

(HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA)

Advocate(s) for the Appellant : Mr. N. Uddin, Advocate.

Advocate(s) for the Respondent No.1 : Mr. P. Borthakur, Addl. P.P., Assam.

Advocate(s) for the Respondent No.2 : Mrs. M.K. Brown, Amicus Curiae.

Date on which judgment is reserved : 12.08.2025. Date of pronouncement of judgment : 09.12.2025.

Whether the pronouncement is of the operative part of the judgment? : YES.

Whether the full judgment has been pronounced? : YES.

JUDGMENT AND ORDER (CAV)

Heard Mr. N. Uddin, learned counsel appearing for the appellants. Also heard Mr.

P. Borthakur, the learned Addl. Public Prosecutors, Assam as well Ms. M.K. Brown, the learned Amicus Curiae representing Respondent No.2.

2. This is an appeal under Section 415 of the BNSS, 2023 whereby the judgment and order dated 21.06.2024 and 24.06.2024 respectively passed by the learned Sessions Judge, Udalguri, Assam in Sessions Case (II) No.08/2021 is put to challenge. 3. One day in the year 2010, the informant lady (PW-1) had gone to the residence of her uncle Md. Hussain Khan at Kalikhola. She met the present two appellants. They induced her to go to Barpeta where her another uncle resided. But she was taken to Delhi. Both the appellants sold her at a price of ₹50,000/-. At that time, she was only 11 years old. Initially, she was employed there as a maid in a household. After that, a man from Haryana called Pradip Saharan married her. After about 5/6 years, she became the mother of two sons. On 27.05.2018, she returned to Assam and on

30.08.2018, she reached her home at North Kalikhola.

4. After expiry of so many years, the PW-1 had lodged the FIR before police alleging the aforesaid facts.

5. After filing of the charge sheet, the trial court framed the charge under Section

370(4) of the Indian Penal Code read with Section 34 of the said Code.

6. During the trial of the case, the prosecution side examined 9 witnesses in order to prove the offence against the appellants. The appellants did not examine any witness. Ultimately, the trial court convicted the appellants under Section 370(4) of the Indian Penal Code.

7. I have gone through the prosecution evidence.

8. In her evidence, the PW-1 has narrated the facts as mentioned in the FIR. In her cross-examination she has stated that she fled from Delhi and came to Assam and lodged the FIR.

9. The second prosecution witness is Md. Jainuddin Ali (PW-2). He has stated in his evidence that the victim girl returned home after 10/12 years. He has stated that after her arrival, there was a village meeting and in that meeting the girl has disclosed that the appellant Makhan Ali had taken her to New Delhi.

10. The third prosecution witness is Md. Ajahar Islam (PW-3). He stated that he knew nothing about the occurrence.

11. The fourth prosecution witness is Md.