AMULYA KUMAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel, Mr. P. Kataki, appearing for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

(2.) The challenge in this appeal is to the judgment dated 23.04.2010, passed by the learned Additional Sessions Judge (F.T.C.), Darrang, Mangaldai, in Sessions Case No. 43 (DM) 2008. By the impugned judgment, the appellant was convicted under Section 417 of the Indian Penal Code and was sentenced to pay a fine of Rs. 50,000/- (Rupees fifty thousand) only.

(3.) The informant, herein, is a widow having 2 (two) children. For earning her livelihood, she worked as a domestic help in the house of the appellant at a monthly salary of Rs. 300/-. She used to go to the house of the appellant in the morning and after finishing her work, she used to return home in the afternoon. One day, when the informant was about to return home, the appellant told her that he would look after her and her children for the rest of her life. Thereafter, the appellant forcibly had sexual intercourse with her. The appellant promised her that he would marry her and keep her like his wife. He, in fact, kept her in his house as his wife. As a result of which, the informant became pregnant. On one occasion, he took her to the hospital and had her pregnancy terminated. She again became pregnant for the second time and this time also, her pregnancy was terminated at the behest of the appellant. In this way, her pregnancy was terminated for the third time also at Guwahati.