BAGA SING MORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment dated 7.9.87 passed by the Sessions Judge, Lakhimpur in Sessions Case No. 16 (NL)/87 convicting and sentencing the appellant under section 417 Penal Code to pay a fine of Rs. 4,000.00, in default, to undergo rigorous imprisonment for eight months.

(2.) One Bombeswar Taye (PW 2) lodged a complaint to the effect that his daughter Sumadoi Taye (PW 1) was married to the accused appellant, but he deceived her. A case was registered and investigated and a charge under section 376 Penal Code was framed. Trial of the case proceeded under the said section. At the time of hearing the learned Sessions Judge being not found the accused guilty under section 376 Penal Code converted the charge under section 376 Penal Code to section 417 Penal Code and after hearing arguments convicted and sentenced the accused appellant under section. 417 Penal Code as stated above.

(3.) The moot point for consideration, as raised in this appeal is that whether the learned Sessions Judge, invoking the jurisdiction under section 222 (2) of the Crimial P.C. can alter the charge under section 376 Penal Code to section 417 Penal Code when the section subsequently altered is not minor in relation to the offence with which he has been originally charged.