NAZIM UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. F Begum, learned counsel for the petitioner and Mr. RJ Baruah, learned Additional Public Prosecutor, Assam appearing for the State/ respondent. None appeared for the respondent No.2.

(2.) By this petition under Section 482 read with Section 401 of the Cr.P.C., the petitioner has prayed to set aside and quash the impugned Judgment and order, dated 16.07.2012, passed by the learned Sessions Judge, Goalpara in C.A. No.12/11 dismissing the appeal and upholding the Judgment and order, dated 10.02.2011 passed by the learned Assistant Sessions Judge, Goalpara in Sessions Case No. 64 of 2010 convicting the petitioner and sentencing him to suffer simple imprisonment for 6(six) months and to pay fine of Rs.5,000/- in default to simple imprisonment for 1(one) month for offence under Section 417 of the IPC.

(3.) The respondent No.2/informant lodged an FIR, on 13.05.2010, before the Officer-InCharge of Lakhipur PS, through Court, alleging, inter alia, that the petitioner with a view to marry her fell in love. After making a false promise to marry her, the petitioner committed sexual intercourse for about a year ahead of filing the FIR. The aforesaid FIR was registered as Lakhipur PS Case No. 229 of 2010 under Sections 417/376/313 of the IPC and after completion of investigation the police laid a charge sheet under Section 417/376 of the IPC against the petitioner. The charges were framed accordingly by the learned Assistant Sessions Judge, Goalpara. The petitioner pleaded not guilty. In the case, the prosecution examined ten witnesses. Thereafter, the statement of the petitioner was recorded under Section 313 Cr.P.C., where he denied all the allegations and declined to examine any witness in defence. Then, the learned trial Court, on appreciation of evidence held the petitioner guilty under Section 417 of the IPC and convicted and sentenced him as stated above. The learned Sessions Judge, Goalpara affirmed the conviction and sentence aforementioned in C.A No.12/2011.