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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
| Table of Content |
|---|
| 1. conviction under section 417 ipc for cheating. (Para 2 , 3) |
| 2. appeal process against conviction. (Para 4 , 5) |
| 3. infirmities in the prosecution case. (Para 7 , 8 , 9 , 10 , 12) |
| 4. scope of criminal revision petitions. (Para 13 , 14 , 15 , 16) |
| 5. criteria for determining false promise. (Para 17 , 18 , 19 , 20) |
| 6. testimony of the prosecutrix establishes physical relationship. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 7. need for establishing fraudulent intent in promise of marriage. (Para 28 , 29 , 30 , 31 , 32) |
| 8. insincerity of promise leading to sexual relationship. (Para 34 , 35 , 36) |
| 9. modification of sentence and imposition of fine. (Para 37 , 38 , 39) |
| 10. court's directive for victim compensation. (Para 40 , 41 , 42 , 43) |
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 foun
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