GUWAHATI, India, Oct. 27 -- Gauhati High Court issued the following order on Sept. 26:

1. The appellant in this case is Azad Ali @Azad Mia @Azad Ali Miya, who has filed his appeal challenging the judgment and order dated 04.10.2024 in connection with Sessions Case No. 129/2022. Azad Ali (herein after also referred to as the appellant or the accused), has been convicted by the learned Sessions Judge, Baksa under Section 366 of the Indian Penal Code (IPC for short) to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 2000/- with default stipulation and under Section 370 of the IPC to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 2000/- with default stipulation.

Both the sentences are to run concurrently. Arguments for the appellant:-

2. It is submitted on behalf of the appellant that the learned Trial Court failed to consider the materials available on record and arrived at the erroneous finding which is liable to be set aside. The Prosecution has failed to establish the charges beyond reasonable doubt and the appellant deserves a benefit of doubt. The learned Trial Court has ignored the fact that the case is fraught with contradictions. The evidence of the victim does not tally with the evidence of the informant, who is also the mother of the victim, vis-a-vis, the evidence of PW-3. This impugned judgment has resulted in serious miscarriage of justice. The remaining part of the argument on behalf of the petitioner will be discussed at the appropriate stage to avoid prolixity.

Argument for the State:-

3. This impugned judgment has resulted in serious miscarriage of justice. The remaining part of the argument on behalf of the petitioner will be discussed at the appropriate stage to avoid prolixity. Argument for the State:- 3. Per contra, the learned Additional Public Prosecutor laid stress in his argument that the prosecution has been able to bring home the charges leveled against the appellant. The offences are of a serious nature and the appellant does not deserve a benefit of doubt. The Trial Court's judgment warrants no interference and this is a fit judgment to be upheld. For the sake of brevity, the remaining part of the argument on behalf of the prosecution will be discussed at the appropriate stage.

Decision of the learned Trial Court:-

4. It has been held by the learned Trial Court that it is an admitted fact that the victim went missing on 08.03.2017 and the informant lodged the FIR on 11.04.2017, which resulted in the delay of one month three days. It was held by the learned Trial Court that there was no dispute that the victim eloped with the appellant as they had a love relationship and it is a settled law that delay is not always fatal to the prosecution case. It was held that as the victim was under the control of 'house of prostitution' (brothel) at Siliguri, she was unable to lodge the FIR and inform her husband or her family members about the incident and this resulted in the delay in the lodgment of the FIR. It was also held that obviously after the victim woman went missing, her family members tried to trace her out which also resulted in the delay in the lodgment of the FIR.

5. The learned Trial Court has also observed that the informant is a rustic villager and she was not aware that the FIR had to be lodged promptly. It was further held by the learned Trial Court that the defense has not disputed that the victim woman was recovered from a 'house of prostitution' at Siliguri and thus the evidence on record reveals that the evidence of PW-1 is corroborated by the evidence of PW-4 and PW-5, regarding recovery of the victim woman from a brothel at Siliguri and thus the failure of the prosecution to examine the woman from whose house the victim was recovered was not fatal to the case.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqJIgxKC%2BqEXj0W4A7MsDqo%2BrJkbHDf8RY44kWGZH5WdY&caseno=Crl.A./389/2024&cCode=1&cino=GAHC010239652024&state_code=6&appFlag=)

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