Appeal againstSESSIONS Judge's conviction under section 363 IPC was allowed. The High Court held that the victim, who eloped voluntarily and married the accused, was a major. As there was no kidnapping of a minor, the conviction was unsustainable.
Appeal allowed, conviction and sentence set aside, bail bond discharged, LCR sent back.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010005112018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A. 19/2018
1:AJAB UDDIN MAZUMDER S/O- HABIB ALI MOZUMDER, R/O- VILL- BEGEWALA, P.S- DHOLAI, DISTCACHAR, ASSAM, PIN- 788120
VERSUS
1:THE STATE OF ASSAM GUWAHATI, ASSAM
2:KUTUN ROY S/O- LATE NOGENDRA ROY R/O- VILL- BAGEWALA P.S- DHOLAI DIST- CACHAR ASSAM PIN- 78812
Advocate for the Petitioner : L R MAJUMDAR
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 10-04-2018
Heard Mr. L R Mazumdar, for the appellant and learned Addl. PP, Assam for the respondent No.1.
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HSLC examination, she eloped with the accused and stayed with the accused in the house of her paternal aunt. However, her paternal aunt handed over them to police, where from she was taken back to her home. After staying about one month, she again eloped with the accused. She was brought back by her parents and after staying 15 days, she again eloped with the accused and ultimately they got married and have been living as husband and wife. She also stated that as a result of the wedlock, they were blessed with two children. Though, in her evidence in-chief, she stated her age to be 16 years 4 month, during cross-examination she stated that her age at the relevant time was 19 years. She further deposed that she failed in different classes 2/3 times before appearing HSLC examination. The statement of this witness was recorded under section 164 Cr.P.C, which was proved as exhibit- 2. She made a similar statement before Magistrate, that she eloped with the accused of her own will because of being in love with the accused.
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14. The bail bond stands discharged.
15. Send back the LCR.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the appellant was guilty of kidnapping under section 363 IPC when the victim was a major and eloped of her own will.
Whether the ingredients of kidnapping from lawful guardianship were satisfied in the present case.
Ajab Uddin Mazumder
The State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
