BHOLA DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. P. Bhowmik, learned counsel for appellant and Mr. B. J. Dutta, learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the order of the learned Additional Sessions Judge 2 (FTC) , Tinsukia, dated 01.09.2009, in Sessions Case 160 (T) /2008 whereby the appellant is convicted under Section 312 of the IPC and sentenced to s/i for 3 (three) years with a fine of Rs 500/- (Rupees Five Hundred) and in default to s/i for 10 (ten) days more.

(3.) The prosecution case is brief is that one Minu Paharia had on 005.2008, filed an FIR at Makum Police Station stating that she had an affair with the appellant who assuring to marry her had developed physical relation with her and as a result she became pregnant and on 12.04.2008, she was taken to Doom Dooma Civil Hospital posing him as husband and aborted her fotus.