JUDGMENT :

Heard Mr. B. Choudhury, learned counsel for the accused-appellant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State/respondent No. 1 as well as Mr. A. Khaleque, learned counsel for the respondent No. 2.

2. This appeal has been preferred by the victim and her father as an informant against the judgment and order dated 19.11.2010, passed by the ld. Assistant Sessions Judge, Goalpara in Sessions case No. 67/2010 under Sections 366/417 IPC, whereby the ld. Assistant Sessions Judge, Goalpara acquitted the accused/ appellant.

3. The facts of the case is that on 27.07.2010, the informant Sahad Ali lodged an FIR stating interalia that about 4(four) months back, accused/appellant Md. Faizur Rahman took his married daughter Daliman Nessa to his house with a view to marry her. Accordingly on the same day, she gave talak to her former husband and the accused promised to marry his daughter after expiry of the ‘iddat’ period. But after expiry of the said period since three months the accused did not marry his daughter. Then he approached the accused/appellant, the accused refused to marry his daughter.

4. On receipt of the complaint, a case was registered vide D