IMPORTANT POINT
Consent given by the victim negates the elements of cheating under IPC Section 420 if not induced by false promise.

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:

(i) PW1 (Varadhi Hymavathi) is resident of Vadapeta, Sunnambatti Veedhi, Dowleswaram and all the accused are residents of same locality. Since 7 years, PW1 and Accused No. 1 were in love with each other and believing the words of Accused No. 1 that he would marry PW1, she cohabitated with Accused No. 1 many a times and whenever PW1 asked the Accused No. 1 for marriage, he postponed saying that he would marry her after his brother’s marriage was performed and later when the parents of PW1 came to know about their affair and put the matter before elders, Accused Nos. 1 to 6 demanded Rs.50,000/- as dowry for performing the marriage of PW1 with Accused No. 1. When the parents of PW1 expressed their inability to give dowry as demanded by the accused, the Accused No. 1 refused to marry PW1. Vexed with the behavior of Accused No. 1, on 24.09.2007, PW1 attempted to commit suicide by consuming ants poison, however, she was rescued by admitting in hospital.

(ii) After discharge from the hospital, again mediation was held before elders on 07.10.2007, near Jalaripeta Ramalayam, where Accused Nos. 1 to 6 demanded Rs.50,000/- as dowry. As the family of the accused did not change their attitude and Accused No. 1 stubbornly refused to marry PW1, she gave a complaint to police. Based on the report of PW1, PW7-ASI registered the crime and took up investigation.

(iii) During the course of investigation, PW7 visited the scene of offence, prepared rough sketch, recorded the statements of witnesses and on 16.10.2007 arrested the Accused No. 1 at his house and remanded him in judicial custody. Thereafter, on receipt of medical certificate, charge sheet was filed.

4. After completion of investigation, on receipt of medical certificate of PW1, Sub-Inspector of Police, Dowlaiswaram Police Station, filed charge sheet and the same was numbered as C.C. No. 1320 of 2008 on the file of the Court of learned VII Additional Judicial Magistrate of First Class, Rajahmundry and trial was conducted and found the Accused No. 1 guilty of the offence punishable under Section 420 of IPC and he is sentenced to undergo Rigorous Imprisonment for a period of ONE year with benefit under Section 428 Cr.P.C. Whereas, it is found that Accused Nos. 2 to 6 are not found guilty for the offences under Sections 417 and 420 IPC and Sections 3 & 4 of Dowry Prohibition Act and they are acquitted for the same under Section 248(1) Cr.P.C.

5. Aggrieved by the same, the petitioner/Accused No. 1 preferred an appeal, vide Crl. A. No. 174 of 2010 on the file of the learned V Additional Sessions Judge (Fast Track Court), East Godavari, at Rajahmundry and the same was dismissed, vide judgment, dated 15.11.2010, by confirming the conviction and sentence dated 07.05.2010 passed against the Appellant/Accused No. 1 by the trail Court for the offence under Section 420 IPC.

6. Against the said judgment of the first Appellate Court, the present Criminal Revision Case was preferred by the petitioner/Accused No. 1.

7. Heard Sri Y. Sudhakar, learned counsel for the petitioner/Accused No. 1 and Sri S. Dheera Kanishk, learned Special Assistant P