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V. SRINIVAS
Katuri Venkateswara Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. Assailing the Judgment, dated 28.08.2009 in Criminal Appeal No. 125 of 2008 on the file of the Court of learned Principal Sessions Judge, West Godavari, confirming the conviction and sentence passed against the petitioner/Accused No. 1 by Judgment, dated 02.05.2008 in C.C. No. 80 of 2006 on the file of the Court of learned Judicial Magistrate of First Class, Chinthalapudi, for the offence under section 417 of Indian Penal Code (hereinafter referred to as “IPC”) the petitioner/accused No. 1filed the present criminal revision case under Section 397 read with 401 of the Criminal Procedure Code, 1973.
2. The revision case was admitted on 02.09.2009 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl. R.C.M.P. No. 2021 of 2009.
3. The shorn of necessary facts are that:
Deception through false promises of marriage leading to sexual relations constitutes cheating under Section 417 IPC.
Consent given by the victim negates the elements of cheating under IPC Section 420 if not induced by false promise.
Promise to marry does not negate consent given out of love; misleading promises alone do not constitute misconception of fact for statutory cheating.
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....
Consent obtained under a false promise of marriage is invalid, constituting cheating under Section 417 of 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 ....
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....
Consent in sexual relations must be informed and voluntary; mere promise of marriage does not constitute grounds for rape if the relationship is consensual.
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