PRINCIPAL SEAT Vs. MANOJ DEURI

JUDGEMENT

(1.) The instant revision petition is directed against the judgment and order dated 26-06-2003 passed by the learned Chief Judicial Magistrate, Jorhat in GR. Case No. 661 of 2000 whereby and whereunder the accused-respondent no. 1 was acquitted from the Charge leveled against him under section 420 of the Indian Penal Code (for short, IPC). Heard Mr. Z. Alam, learned counsel appearing for the petitioner as well as Mr. K. Munir, learned Addl. Public Prosecutor appearing for the State-respondent. None appears on behalf of the accused-respondent.

(2.) The prosecution case, in brief, is that since 1993 the accused-respondent Manoj Deuri had love affairs with her. He assured her that he would marry her. On assurance of marriage, the accused-respondent had sexual intercourse with her. As a result, she became pregnant. Later on, the accused-respondent by playing tricks persuaded her to undergo abortion. On 03.08.2000, the accused-respondent took her from her house on assurance that he would perform marriage with her. Ultimately, she was kept in the house of one Sri Jiten Kakoti of Chiratia Gaon for that purpose. But subsequently, the accused abandoned her in the house of said Jiten Kakoti and remained untraceable. Being felt cheated by the conduct of the accused, the petitioner on 09.08.2000 lodged a complaint against the accused-respondent before the learned Chief Judicial Magistrate, Jorhat.

(3.) The learned Chief Judicial Magistrate upon receipt of the said complaint forwarded the same to the Officer-in-Charge, Pulibor Police Station for registering the case and also for investigation. Accordingly, a police case was registered being Pulibor PS Case No. 69 of 2000 under sections 493 /420 /406 of the IPC against the accused-respondent. The Investigating Authority examined the witnesses and recorded their statements under Section 161 Cr.P.C. and ultimately, on completion of the investigation laid the charge-sheet against the accused-respondent for commission of offence under the aforesaid sections of the IPC before the Court of leaned Chief Judicial Magistrate.