Crl.A. 225/2003 BEFORE THE HON’BLE MR JUSTICE P.K. MUSAHARY Heard Mr Subhash Ch Biswas, learned counsel for the appellant and also Mr BB Gog oi, learned Addl PP, Assam. 2. This appeal is preferred against the judgment and order dated 26-5-2003 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No.97(BGN)/200 0 u/s 363 IPC sentencing him to RI for six months and to pay a fine of Rs.1000/- in default further three month’s SI. 3. At the outset Mr Biswas, learned counsel submits that the accused appell ant developed love affair with the victim girl and they proceeded to the house o f the aunt of the accused at Bilasipara and from his aunt’s house the victim gir l was recovered by police along with the appellant in presence of the victim’s f ather on the same day. There is a supporting statement u/s 164 CrPC from the vic tim girl. The offence alleged u/s 366 IPC could not be proved by the prosecution and as a result the appellant was convicted u/s 363 IPC and sentenced as stated earlier. 4. It has also been submitted by Mr Biswas that the victim girl has got mar ried and she is living a peaceful well settled marital life in the State of Biha r. Under such fact situation, according to him, the interest of justice would be best served if the conviction u/s 363 IPC is maintained with modification in th e sentence to the effect that the RI of six months is converted to a fine of Rs. 3000/- (Rupees three thousand ) only. In view of submission so made by the learn ed counsel for the appellant, the sentence of RI for 6 (six) months is converted to fine of Rs.3000/- (Rupees threee thousand) only. The appellant shall deposit the fine of Rs.3000/- in the Court of the CJM, Bongaigaon within a period of t wo months from today. On such payment of fine the appellant Shri Binod Kumar Tha kur shall be set at liberty forthwith. It is ordered accordingly. The bail bond stands discharged. 5. Appeal stands disposed of. LCRs be returned.