SRI ASHIM SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.08.2008, passed by the learned Addl. Sessions Judge, FTC, Biswanath Chariali in Sessions case No. 229/2006 convicting the accused appellant under section 417 of the Penal Code and sentencing him to R.I. for 3 months and to pay fine of Rs. 1000.00 in default to imprisonment for 30 days.

(2.) Heard Mr. B.J. Dutta, learned Addl. PP, Assam. None appeared for the accused appellant to argue the case.

(3.) The accused appellant and the informant Minakshi Das had love affair and according to the informant, they solemnized the marriage in the Tezpur court by executing a marriage agreement. According to her before the marriage agreement was executed in the court both of them indulged in sexual intercourse in the printing press of the accused appellant as a result of which she became pregnant but after the marriage the accused appellant got her pregnancy terminated in the Midha Nursing Home at Tezpur and kept her in her parents' house with the assurance that he would take her back after 1 year.