TAPAN SAIKIA Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-122
HIGH COURT OF GAUHATI
Decided on November 02,2018

Tapan Saikia Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

MIR ALFAZ ALI,J. - (1.) This revision is directed against the judgment and order dated 24.10.2013 passed by learned Sessions Judge, Morigaon in Criminal Appeal No. 73/2013.
(2.) Learned counsel Mr. S.K. Talukdar for the petitioner and learned Addl. Public Prosecutor, Mr. D. Das were heard.
(3.) The facts leading to the present revision petition may be briefly stated thus :- The petitioner extended a proposal for marriage to the victim (PW 4), which was followed by negotiation between the elderly members of both the families and the marriage was settled between the petitioner and alleged victim and the date was also fixed. Before the marriage, the petitioner committed rape on the victim and as a result of which, she became pregnant and upon insistence of the petitioner, the pregnancy was terminated. After termination of the pregnancy, the petitioner refused to marry the victim and as such, the victim lodged the FIR, on the basis of which, police registered a case and after usual investigation, submitted charge-sheet against the petitioner u/s 493/420/313 of the IPC.;


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