DHARMENDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral) - Heard Mrs. R. Phukan, learned counsel for the appellant and also heard Mr. K Munir, learned Addl. Public Prosecutor, Assam appearing for the State Respondent.

(2.) This appeal is directed against the judgment and order dated 30.3.2005 rendered by the learned Sessions Judge, Morigaon in Sessions Case No.9 of 2004 arising out of GR Case No.269 of 2001 convicting the appellant under Sec. 493/313 Penal Code and sentencing him to undergo rigorous imprisonment for seven years and also to pay fine of Rs.40,000.00 to the victim girl and in default to suffer rigorous imprisonment for another three years for the offence under Sec. 313 IPC.

(3.) The prosecution case in brief is that the victim girl had intimacy and love affairs with the appellant and they also indulged in sexual relationship out of which she got conceived. The appellant refused to accept her as wife, however, on some understanding the appellant brought to his parent's house and after living with her he started torturing her. The victim girl alleged that she was admitted in the Morigaon Civil Hospital and without her consent abortion was carried out. Having come to know about such illegal termination, she filed a complaint before the learned CJM, Morigaon which was forwarded to the police for investigation and report. The police registered a case which was ultimately registered as GR No.269/2001 under Sec. 493/420/313 Penal Code. The investigation culminated into filing of charge-sheet, committal of the case by the Magistrate and framing of charge by the learned Court of Sessions. The appellant pleaded not guilty and claimed to be tried. The prosecution examined 8 witnesses while the appellant examined none. He took the stand of complete denial. The learned trial Court at the close of the trial convicted and sentenced the appellant as indicated above.