H B PALAKSHA Vs. STATE BY ALUR POLICE

JUDGEMENT

(1.) THIS revision petition is by the accused who has been convicted by the trial court for an offence under Section 417 of IPC and sentenced to six months imprisonment and to pay fine of Rs.5,000/-, in default, to undergo further S.I. for one month. The said judgment was confirmed by the lower appellate court by dismissing the petitioner's appeal.

(2.) THE case of the prosecution in short is that, the petitioner and the victim girl PW-1 were loving each other and had physical relationship and the petitioner said to have promised to marry PW-1, but did not do so and therefore, the complaint lodged by the girl's father PW-2 led to the case being registered against the petitioner for the offences punishable under Sections 417 and 506 of IPC.

(3.) LEARNED Counsel for the petitioner submitted that except the evidence of the girl PW-1, there is no other material to connect the petitioner with the offence in question and more over, the complaint is silent with regard to the physical contact the accused had with the girl in question and therefore, the trial court ought to have acquitted the petitioner when other witnesses did not support the prosecution case. The evidence of the material witnesses were taken through in this regard. Therefore, learned Counsel sought for acquittal of the petitioner or in the alternative to impose fine in place of imprisonment.