MRIDUL DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is filed by the original accused who has been convicted by the Sessions Court by the impugned judgment dated 03.02.2016 for offence under Section 417 of the Indian Penal Code and sentenced to rigorous imprisonment for six months.

(2.) Briefly stated the prosecution case was that the accused developed intimacy with the complainant who was a widow lady by giving her of false promise of marriage. Believing such promise the complainant allowed the accused to develop physical relations with her pursuant to which she also became pregnant and gave birth to a child who unfortunately died about a month later. The accused however, when reminded by the complainant of his promise of marriage, turned around and in fact pressurized her to get the fetus aborted. A charge was, therefore, framed by the Sessions Court against the accused for commission of offences punishable under Sections 376 , 417 and 506 of IPC. The prosecution examined eight witnesses including the complainant. The learned Trial Judge by the impugned judgment did not acquit the accused for offences punishable under Section 376 and 506 of IPC. However, on the basis that the accused had given a false promise of marriage, convicted him for offence under Section 417 of IPC. This conviction and sentence the accused has challenged in the present appeal.

(3.) PW-1, the complainant in her deposition stated that when her husband died a few years back, she had a two year old daughter. After the death of the husband the accused who was her husband's uncle's son, became friendly. They both developed love affair. She agreed to his proposal for marriage. Gradually they developed physical relationship on the understanding that the accused would marry her. This went on for about a year and a half during which the accused would frequently visit her when they would have sexual intercourse. On different occasions when she brought up the topic of marriage, he would ask her to initiate the proposal with his parents. She would argue that he had to manage with his parents. In the due course she got pregnant, this she informed to the accused. About four months later the accused stopped visiting her when she went to his house he repeated that if his parents agree he would marry her. She took her father to the parents of the accused who disowned the pregnancy having been caused by their son after which accused and his brother pressurized her to terminate the pregnancy. She thereupon lodged the criminal case against the accused later on she gave birth to a male child who unfortunately died after about a month of delivery.