P.G. Agarwal, J.

1. Heard Mr. J.M. Choudhury, learned senior counsel for the petitioner and Mr. D. Das, learned Public Prosecutor.

2. This revision is directed against the order dated 31.3.2005 passed by the Sessions Judge, Kamrup, Guwahati in Sessions case No. 132(K)/2004 whereby charge under Section 419 IPC has been framed against the petitioner Aparajita Nath.

3. The prosecution allegation, in brief, is that on 11.1.99 the petitioner along with one Sidhartha Rai went to Sacred Home Nursing Home for the purpose of abortion and at that time she identified herself as Anita Rai although she knew that she is not Anita Rai but she is Aparajita Nath.

4. At this stage, Mr. Choudhury in his usual fairness has not challenged the materials on record in that respect. But it is submitted that even if the above fact is taken as true it does not construe an offence of cheating as defined under Section 416 IPC. Section 416 IPC reads as follows:

416. Cheating by personation. - A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he o