RIPAK DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS application under Section 401 read the Section 397 of the CrPC has been filed challenging the order dated 30.12.2002 passed by the learned Judicial Magistrate, 1st Class, Karimganj, in G.R. Case No 835/200 conviting and sentencing the petitioner to undergo imprisonment for one year with a fine, of Rs. 5,000/-, in default of payment of fine, to suffer simple imprisonment of one month for the offences committed under Section; 417 IPC and the judgement and order dated 10.02.2004 passed by the learned Ad hoc Additional Sessions Judge Karimganj, in Crl. No. 4 (1) of 2003 modifying the period of sentence of three months while maintaining the conviction under Section 417 IPC.

(2.) THE prosecution case, in brief, that on 05.09.2000, one Smti. Mayarani Das lodged an ejahar before the Officer-in-Charge, Pathar Kandi Police Station alleging that about 2 months back, Shri Riman Das, a distant relative had taken her to his house in order to look after and take care of his mother, who was lying ill and while she was nursing his mother, the brother of Riman, viz. Ripak Das, by making promises of marrying her, had sexual intercourse with her, as a result of which, she was in the family way and was about two months pregnant. It was stated in the said ejahar that in a "Vichar" uncles of Ripak Das, namely, Jagadish Das and Sri Ron Das offered her Rs 2000/- to enable her to go for abortion which was not acceptable to her is also stated that on that day Ripak Das had also assaulted her grievously.

(3.) DURING trial, the prosecution examined 6 (six) witnesses in order to establish the charge against the petitioner. The informant, Mayani Das, was examined as PW-1. PW 2 is the father of PW- 1. PW 3 is the brother-in law of the accused petitioner, who deposed that she had no knowledge about the incident. PW-4 is a house wife, who claimed that she did not know the informant and also she was not aware about the alleged occurrence. PW-5 is a nephew of the accused, who also expressed ignorance about the occurrence. PW-6 is the Investigating Officer of the case.