QUADIR AHMED Vs. SAHEEDA KHANAM

JUDGEMENT

(1.) Heard Mr. C. R. De, learned counsel for the petitioner. None appeared for the respondent.

(2.) This revision is directed against the order of acquittal recorded by the learned Sessions Judge, Karimganj in Criminal Appeal No. 15(3)/97, whereby the order of conviction recorded by the learned S.D.J.M., Karimganj in C.R. Case No. 710/95 was set aside.

(3.) The petitioner, Md. Quadir Ahmed, filed a written complaint stating, inter alia, that he had married the accused Saheeda Khanam on 4.7.92 and thereafter lived as husband wife till 15.5.94. The petitioner has also arrayed the father and brother of the wife as accused No. 2 and 3. On 15.9.94, the wife went to her parents place and also carried with herself a gold necklace and she assured to return back within 1 5 days. However, as the accused No. 1 did not return and the petitioner came to know that she has joined in a Nursing Training on false pretext of being unmarried, the complaint was filed. Learned S.D.J.M. took cognizance of the offence under Section 182/417/34 IPC. During trial, the case against accused No. 2 was filed. On conclusion of the trial, the learned trial Court acquitted the father of the accused Saheeda Khanam from the charge under Section 417 IPC and convicted and sentenced her to pay fine of Rs. 500/-, in default to 15 days imprisonment. Feeling aggrieved, the respondent convict filed Criminal appeal No. 15(3)/97 before the learned Sessions Judge, Karimganj who vide the impugned order allowed the appeal and set aside the order of conviction and sentence. Hence, the present revision by the petitioner complainant.