Back
V. SRINIVAS
Anant Purwar – Appellant
Versus
Rashtriya Ispat Nigam Limited – Respondent
ORDER :
1. Assailing the Judgment, dated 15.11.2010 in Criminal Appeal No. 174 of 2010 on the file of the Court of learned-V Additional Sessions Judge, (Fast Track Court), East Godavari, at Rajahmundry, confirming the conviction and sentence passed against the petitioner/accused No. 1 by Judgment, dated 07.05.2010 in C.C. No. 1320of 2008 on the file of the Court of learned VII Additional Judicial Magistrate of First Class, Rajahmundry, for the offence under section 420 of Indian Penal Code (hereinafter referred to as “IPC”) the petitioner/accused No. 1 filed the present criminal revision case under Section 397 read with 401 of the Criminal Procedure Code, 1973.
2. The revision case was admitted on 19.04.2020 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl. R.C.M.P. No. 3161 of 2010.
3. The shorn of necessary facts are that:
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.
Point of law: There is a distinction between the mere breach of a promise, and not fulfilling a false promise. Thus, the court must examine whether there was made, at an early stage a false promise o....
Prosecution must prove guilt beyond reasonable doubt; reliance on hearsay and contradictory evidence leads to acquittal under Section 498A of IPC.
Consent obtained under a false promise of marriage is invalid, constituting cheating under Section 417 of IPC.
The main legal point established in the judgment is that the accused's dishonest inducement of the victim to believe in false promises of marriage constituted the offence of cheating under Section 41....
The court ruled that for a conviction under Section 498A IPC, the prosecution must provide clear, cogent evidence of cruelty or harassment, which was not present in this case.
Insufficient specific evidence to sustain conviction for cruelty under IPC 498-A; general allegations are inadequate for liability.
Promise to marry does not negate consent given out of love; misleading promises alone do not constitute misconception of fact for statutory cheating.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
