D.P.SINGH,J. - (1.) SOLO appellant Md. Siddique Ansari stands convicted for the offence punishable under Section 417 of the Indian Penal Code and sentenced to serve simple imprisonment for six months and to pay a fine of Rs. 10,000/ - in default thereof to further undergo simple imprisonment for three months, by the 12th Additional Sessions Judge, Dhanbad in Sessions Trial No. 381 of 1995.
(2.) BRIEF facts leading to this appeal are that one Sairun Bibi and the appellant started physical relationship on being assured that the appellant would marry her. According to informant Sairun Bibi, she was neighbour of the appellant and on his assurance; they started having physical relationship for nearly one year when she became pregnant. Thereafter, the matter was reported to the family members, the appellant along with his parents assured her that she would be inducted as the member of their family before the Panchayati. However, after sometimes, she was thrown out of the house and the appellant refused to marry. Ultimately, the informant has lodged a written report before Rajganj Police Station. The police accordingly registered Katras (Rajganj) Police Station Case No. 58 of 1995 under Sections 376, 498 and 120B of the Indian Penal Code against the appellant and his parents. The police after investigating submitted charge sheet against all the three persons. Their case was committed to the trial court where all the three were charged under Sections 498 and 120B of the Indian Penal Code and the appellant under Section 376 of the Indian Penal Code separately. The appellant pleaded not guilty and claimed false prosecution to pressurize him for getting married with the informant. However, the learned trial court believed the prosecution version partly. The trial court while acquitting the appellant along with two others from all charges under Sections 498 and 120B of the Indian Penal Code and Section 376 of the Indian Penal Code, found and held the appellant guilty under Section 417 of the Indian Penal Code for inducing the victim for illicit intercourse with false promise of marriage and sentenced him to serve simple imprisonment as stated above.
(3.) THE present appeal has been preferred mainly on the grounds that when the main charges have been found not proved, the conviction under Section 417 of the Indian Penal Code for making false promises is undesirable and liable to the set aside. Mr. A.K. Das, learned Counsel appearing on behalf of the appellant, submitted that the police has not recorded the statement of the victim (P.W.5) as well as named witnesses to prove the case that there was any such false promise. According to learned Counsel, when the informant knowingly used to visit the appellant, a person having two children, there may not be any false promise and therefore, conviction under Section 417 of the Indian Penal Code be set aside.;