BIPUL MENDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Criminal Appeal No. 313/2001 is directed against the judgment and Order, dated 4.9.2001, passed by the Addl. Sessions Judge, Kamrup, Guwahati, in Sessions Case No. 135 (K)/1997 (GR Case No. 209/97), whereby the accused-appellant Bipul Madhi was convicted u/s 417 IPC and sentenced to Rigorous Imprisonment for six months and to pay fine of Rs. 1,000/- in default further imprisonment for two months.

(2.) The prosecution allegation, in brief, is that, accused Bipul Medhi developed same intimacy and friendship with Sewali Kalita and the affair continued for two-and-half years. The accused, thereafter, promised to marry Sewali and believing on the said plea, Sewali allowed the accused to have cohabitation with her and as a result of such cohabitation, she became pregnant. The victim also alleged rape, whereupon the accused was tried for commission of offence u/s 493/376 IPC. On conclusion of the trial, the learned trial Court convicted the accused-appellant as aforesaid.

(3.) While hearing the appeal, the learned single Judge noted that in the facts and circumstances of such cases on the question whether offence u/s 417 IPC is made out or not, there are three decisions of this Court and two of these decisions are contrary to each other. All these cases have been decided by learned single Judges, but with different views. On reference being made, the Hon'ble Chief Justice has referred these matters to this Bench and that is how, we have heard the matters.