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A. V. RAVINDRA BABU
Madugula Gurappa – Appellant
Versus
Nallipilli Krishna Kumar – Respondent
ORDER :
This Criminal Revision Case came to be filed by the petitioner namely Madugula Gurappa, daughter of late Appanna, who was the prosecution witness No.1 in Calendar Case No.187 of 2006, on the file of the Court of Additional Judicial Magistrate of First Class, Vizianagaram (for short, ‘the learned Magistrate’), under Sections 397(1) and 401 of the Code of Criminal Procedure, 1972 (for short, ‘the Cr.P.C’), challenging the judgment, dated 22.08.2008, where under the learned Magistrate acquitted the first respondent/accused for the offence under Section 417 of the Indian Penal Code, 1860 (for short, ‘the IPC’).
2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court, for the sake of convenience.
3. The case of the prosecution, before the trial Court, according to the charge sheet filed by the State Government represented by Sub-Inspector of Police, II Town Police Station, Vizianagaram, in brief, is as follows:
LW.1-Madugula Gurappa is an un-married woman. Accused is resident of her locality. The accused and victim belongs to the same caste. In fact, accused got engagement with another lady by name Harathi of Srikakulam for
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Consent given by the victim negates the elements of cheating under IPC Section 420 if not induced by false promise.
Deception through false promises of marriage leading to sexual relations constitutes cheating under Section 417 IPC.
The judgment emphasized the limitations of revisionary powers of the High Court under Section 401 of the Cr.P.C. and the prohibition on converting a finding of acquittal into one of conviction under ....
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