Manik Das Baishnav vs State - 2012 Supreme(Online)(Gau) 14

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Online)(Gau) 14

GAUHATI HIGH COURT
, J
Manik Das Baishnav – Appellant
Versus
State – Respondent

Advocates:
For the Appellants/Petitioners: Mr. R. Debnath
For the Respondents: Mr. R. C. Debnath

Table of Content
1. the appellant was convicted for cheating under false assurances of marriage. (Para 1 , 4)
2. the court heard arguments regarding the validity of consent and proof of intent. (Para 2 , 7 , 8)
3. victim's account established a pattern of deceit by the accused. (Para 9 , 10)
4. legal definitions of cheating were reiterated with respect to the case facts. (Para 11 , 12 , 13)
5. sentencing modified based on findings of guilt under section 417. (Para 14 , 15 , 16)

1. This criminal appeal, under S.374 of Cr. P.C. is directed against the judgment and order of conviction and sentence, dated 11-2-2005, passed by learned Sessions Judge, South Tripura, Udaipur, in Case No. ST. 55(ST / S) of 2004.
The learned Sessions Judge found the accused appellant guilty of committing offence, punishable under S.420 of IPC and sentence him to suffer RI for 4 (four) years and to pay a fine of Rs. 10,000/- (Rupees ten thousand), in default of payment to suffer further imprisonment for 5 (five) months.
Being aggrieved and dissatisfied with the judgment & order of conviction and sentence the convict - appellant preferred the appeal before this Court.

2. Heard learned amicus curiae, Mr. R. Debnath,