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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
Kutub Ali @ Kutub Uddin, S/o Lt. Sarkum Ali – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
PRANJAL DAS, J.
1. Heard Mr. K.A. Mazumdar, learned counsel assisted by Mr. S.A. Islam, learned counsel for the petitioner. Also heard Mr. K.Baishya, learned Additional Public Prosecutor for the State.
2. The present revision petitioner, namely, Kutub Ali @ Kutub Uddin faced prosecution under Section 417 IPC in a complaint case being CR Case No.404/2003, before the Court of learned CJM, Hailakandi and after completion of trial, he was found guilty of an offence under Section 417 IPC and sentenced to Rigorous Imprisonment (R.I) for 6(six) months and imposed with a fine of Rs.1000/- in default, (S.I for 7 days)
3. The complaint was filed with an allegation that the revision petitioner and the daughter of the informant developed intimacy followed by physical relationship on a promise of marriage, as a result of which she became pregnant and later gave birth to a baby girl. It was alleged that the promise of marriage was false and thereby, the petitioner cheated the informant’s daughter.
4. Aggrieved by his conviction and sentence, the accused/petitioner preferred an appeal before the Court of learned Session Judge, Hailakandi registered as Criminal Appeal No.4/2008 but he wa
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