MADHU DAS Vs. SATYABATI DAS

JUDGEMENT

(1.) Present revision is preferred against the judgment and order dated 23.04.2010, passed by the learned Session Judge, Sonitpur, Tezpur in Criminal Appeal No. 10 (S-2)/2006 whereby, the learned trial Court has affirmed the judgment and order dated 31.03.2006, passed by the learned Judicial Magistrate, 1st Class, Biswanath Chariali, Sonitpur, Tezpur, in CR Case No.54/2004, whereby the present accused person was convicted under Sec. 493/417 of Penal Code and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.5000.00, in default, to undergo rigorous imprisonment for a further period of one month, for the offence punishable under section 493 Penal Code and to pay a fine of Rs. 2000.00, in default, to undergo rigorous imprisonment for a period of one month, for the offence under Sec. 417 IPC.

(2.) I have heard Mr. G Baishya, learned counsel for the petitioner. None appears for the respondent.

(3.) Necessary brief fact of this case is that the complainant (respondent herein) filed a complaint before the learned Sub-Divisional Judicial Magistrate, Biswanath Chariali on the allegation that the accused, Madhu Das, developed love affairs with her pretending himself as an unmarried person and expressed his desire to marry her. As a result of which on 25.02.3003 she eloped with the accused person. The accused took her to the Shiva temple at Telengania village and put vermillion on her forehead and observed marriage formalities and accepted her as his wife. Thereafter, both of them started to live together as husband and wife and out of the wedlock she became pregnant. Further case of the complainant is that she saw a lady with two children in the house of the accused person, who was introduced as sister-in-law of the accused person, but later on she came to know that the lady is kept by the accused person as wife and said two children are illegitimate child of the accused person. As the complainant raised protest against such affair, the accused threatened her with dire consequence and thereafter he also tried to terminate her pregnancy by taking her in nursing home but somehow the complainant left the place and returned to her paternal house thereafter on 19.02.2004 she gave birth to a child.