P.G. Agarwal, J.

1. Criminal Appeal No. 313/2001 is directed against, the Judgment and Order, dated 4.9.2001, passed by the Addl. Sessions judge, Kamrup, Guwahati, in Sessions Case No. 135(K)/1997 (GR Case No. 209/97), whereby the accused appellant Bipul Medhi was convicted under Section 417, IPC and sentenced to rigorous 'imprisonment for six months and to pay fine of Rs.1,000 in default further imprisonment for two months.

2. The prosecution allegation, in brief, is that accused Bipul Medhi developed some intimacy and friendship with Sewali Kalita and the affair continued for two-and-half years. The accused, thereafter, promised to marry Sewali and believing on the said plea, Sewali allowed the accused to have cohabitation with her and as of such cohabitation, she became pregnant. The victim also alleged rape, whereupon the accused was tried for commission of offence under Section 493/376, IPC. On conclusion of the, trial, the learned trial court convicted the accused-appellant as aforesaid.

3. While hearing the appeal, the learned Single Judge noted that in the facts and circumstances of such cases on the question whether offence under Section 417, IPC is made out or not, t