HUSSAIN AHMED LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. NS Laskar, learned counsel appearing for the appellant/accused as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State/ respondent.

(2.) This appeal is preferred against the judgment and order, dated 05.03.2011 passed by the learned Sessions Judge, Hailakandi in Sessions Case No.40/2006 arising out of G.R. Case No. 228/2005 convicting the appellant under Section 315 of IPC and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.25,000/-, in default, to suffer simple imprisonment for six months.

(3.) Story of the prosecution case, in brief, is that accused by making promise of marriage, cohabitated with the minor daughter of the informant, as a result she became pregnant, then the accused forcefully administered medicine with a view to cause abortion. Informant lodged the complaint on 8.4.2005 which was registered on 13.0.4.2005 by the police u/s 376/315 IPC. After investigation, police submitted charge-sheet against the accused u/s 366(A)/376/315 of IPC against the accused person. The case being triable by the court of Sessions was committed to the court of Sessions. On commitment, learned Sessions Judge framed charge against the accused person u/s 366/315 IPC. The charges were read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.