Hon'ble Mr. Justice S.C. Das

1. This revisional application, under Section 397 read with Section 401 of Cr.P.C., is directed against the judgment and order dated 24.07.2004, passed by learned Sessions Judge, West Tripura, Agartala, in Criminal Appeal No. 37 (2) of 2001, under which the learned Sessions Judge affirmed the judgment and order of conviction and sentence dated 22.05.2001, passed by learned Judicial Magistrate, First Class, Agartala, West Tripura, in case No. GR 379 of 1993, whereby and whereunder the learned Magistrate found the accused-petitioner guilty of committing offence under Section 417 of IPC and sentenced him to suffer RI for one year. Brief Fact:-

Smt. Gayatri Acharjee(PW. 1), lodged an FIR with the O/C of Airport P.S. on 13.03.1993, alleging that in the Bengali calendar months of Baisakh to Falgun of the year 1399 B.S., she with her father, sister and brothers, were residing as a tenant in the house of the father of accused petitioner Durjoy Chakraborty at Vibekananda Pally, Narsingarh and the accused-petitioner with the assurance of marriage undergone intercourse with her, and as a result, she became pregnant. She insisted the accused to marry her but