RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Rajeeva Sharma, learned senior counsel for the petitioner and Mrs. Vandana Bharti, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 30.05.2005 passed by the learned Sessions Judge, Pakur in Cr. Appeal No. 35 of 2004, whereby and where under the judgment and order of conviction and sentence passed by the learned Chief Judicial Magistrate, Pakur in G.R. Case No. 379 of 2001 (T.R. No. 91 of 2004) on 21.06.2004 convicting the petitioner for the offence punishable under section 417 of the Indian Penal Code and sentencing him to undergo R.I. for one year has been affirmed.
(3.) The allegation made in the First Information Report is that on the pretext of solemnizing marriage with the informant the petitioner had established physical relationship with the informant. It is alleged that the informant subsequently became pregnant and the petitioner refused to solemnize marriage with her. It is also alleged that a Panchayati was held but the petitioner did not attend and ultimately Littipara P.S. Case No. 31/2001 was instituted under section 376 of the Indian Penal Code. On completion of investigation charge sheet was submitted under section 376/493 of the Indian Penal Code and after cognizance was taken charge was framed only under section 417 of the Indian Penal Code and trial proceeded.;