BHAITI ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Under assailment in this appeal in the judgment and order dated 05.04.2006, passed by the learned Addl. Sessions Judge, (Adhoc), Jorhat in Sessions Case No. 53(J-J0)/2005, convicting the accused appellant, Bhaiti Ali under Section 417 of the IPC and sentencing him to R.I. for 6 months and to pay a fine of Rs. 25,000/- in default, R.I. for another 3 months.

(2.) The sum and substance of the prosecution case is that the complainant, (victim girl), a resident of village Kakojan under Teok Police Station in the year 2004 used to come to Jorhat frequently in connection with her nursing training course. While visiting Jorhat she came in contact with the accused appellant and love affair developed between them. On 08.09.2004, the accused appellant took her to Teok to a hotel and with the promise of marriage had sexual intercourse with her as a result of which she became pregnant.

(3.) The accused appellant tried his best to terminate the pregnancy through doctors but she refused to and divulged the incident to her mother. Even after her refusal to terminate the pregnancy, the accused appellant continued to maintain relationship with her and he repeatedly promised that he would marry her. He ultimately disclosed that he was a married man having children and he started avoiding her. Having no other alternative, the complainant lodged an FIR with the Teok Police. Refusal of the police to take any action on the FIR filed by her compelled her to file a complaint before the learned CJM, Jorhat. The learned CJM called for a police report and accordingly a report was submitted by the O/C, Teok P.S. stating that no case has been registered on the basis of any FIR filed by the complainant.