(1.) Heard Mr. M Biswas, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam and Mr. VA Chowdhury, learned Amicus for the respondent No. 2.
(2.) The present Criminal Revision Petition under Ss. 397/401 of the Code of Criminal Procedure, 1973 is filed assailing the judgment and sentence dtd. 14/12/2010 passed by the learned Chief Judicial Magistrate, Morigaon in connection with CR Case No. 87/2008, whereby the present petitioner/accused was convicted under Sec. 417 IPC and was sentenced to undergo Simple Imprisonment (SI) for 1 (one) year and to pay a fine of Rs.1,000.00 (one thousand only) and in default of payment of fine, to undergo Simple Imprisonment (SI) for 2 (two) months.
(3.) The further challenge is made against the appellate judgment and order dtd. 9/4/2012 passed by the learned Sessions Judge, Morigaon, Assam in Criminal Appeal Case No. 4/2011, whereby the judgment and sentence dtd. 14/12/2010 passed by the learned Chief Judicial Magistrate, Morigaon was upheld.