P.K. Musahary, J.

1. Heard Mr. J. Ahmed, learned Counsel for the accused/Appellant. Heard also Mr. B.B. Gogoi learned Addl. P.P., Assam.

2. This criminal appeal is directed against the impugned judgment dated 14.8.2002 rendered by learned Addl. Sessions Judge, Nagaon, in Sessions case No. 139(N)/2000 convicting the Appellant and sentencing him to undergo RI for one year under Section 417, IPC, and acquitting him for the charge under Section 376, IPC.

3. Briefly stated the facts of the prosecution case are that the Appellant proposed to marry the victim girl Meera (real name withheld) and by force committed sexual intercourse with her, as a result of which she became pregnant. Later on when she requested the Appellant to marry her, he refused to marry her. She did not disclose this fact to anybody and got herself married to one Julhaz. This marriage did not last long.

Having come to know about the past relation with the Appellant, Julhaz divorced her and sent to her parent's house. Thereafter, she again requested the Appellant Fazlul Karim to marry her but he refused to do so saying that he had no relation with her. The Appellant even tried to assault the victim girl. Having no