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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. SRINIVAS, J.
Katuri Venkateswara Rao – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Criminal Revision Case No. 1461 of 2009
Decided On : 20-06-2024
Cheating - IPC Section 417 - The court interpreted Section 417 IPC, establishing that deception through false promises of marriage leading to sexual relations constitutes cheating, affirming the conviction based on the victim's credible testimony.
Fact of the Case:
The accused, under the pretense of love, deceived a physically handicapped girl into believing they were married, leading to sexual relations. When marriage was proposed, he demanded dowry and later refused to marry her, prompting her to file a complaint.
Finding of the Court:
The court found that the prosecution established the accused's guilt under Section 417 IPC, as the victim's testimony was credible and corroborated by other witnesses, demonstrating deception and exploitation.
Issues: Whether the findings of the lower courts were erroneous or if there was a miscarriage of justice in convicting the accused under Section 417 IPC.
Ratio Decidendi: The court held that the elements of cheating under Section 417 IPC were satisfied, as the accused's false promise to marry induced the victim to engage in sexual relations, constituting deception.
Result: The Criminal Revision Case is dismissed, confirming the conviction of the accused under Section 417 IPC.
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:
(ii) The Accused No. 1, by keeping in that belief, enjoyed sexually several times with PW1 at several places by promising that he would marry her soon in the presence of elders on either side. Believing his deceitful words, she surrendered to him. The situation went on like that for about one year and when the matter came to the notice of parents of PW1 and when they asked the parents of Accused No. 1 to perform marriage of Accused No. 1 with PW1, they demanded Rs.50,000/- towards dowry.
(iii) Even when PW1 and her parents asked Accused No. 1 about marriage as promised by him, he bluntly refused, even though her parents approached the elders also. Thereafter, PW1 lodged report on 03.06.2006 and the same was registered as a case in Crime No. 68 of 2006 of Chinthalapudi Police Station, for the offences punishable under Sections 417, 420, 493 read with 34 IPC and Section 4 of the Dowry Prohibition Act.
(iv) During the investigation, on 09.06.2006, PW9 arrested Accused Nos. 1 and 2 and sent them for judicial custody. He recorded the statements of witnesses and sent the victim girl i.e. PW1 for medical examination and obtained medical certificate. PW6-Dr. D. Jayasri Ammaji examined the victim girl and opined that she had sexual intercourse.
4. After completion of investigation, PW-9-Sub-Inspector of Police, Chintalapudi Police Station, filed charge sheet and the same was numbered as C.C. No. 80 of 2006 on the file of the Court of learned Judicial Magistrate of First Class, Chinthalapudi and trial was conducted and found the Accused No. 1 guilty of the offence under Section 417 of IPC and he is sentenced to suffer Simple Imprisonment for ONE year and he is also sentenced to pay a fine of Rs.500/- in default, to suffer Simple Imprisonment for ONE month with benefit under Section 428 Cr.P.C. against substantive sentence only. Whereas it is found that A1 to A3 are not guilty for the offence under Section 420 IPC and Section 4 of Dowry Prohibition Act and Accused No. 1 is also not found guilty for the offence under Section 420 & 493 IPC 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. 125 of 2008 before the Court of learned Principal Sessions Judge, West Godavari, Eluru and the same was dismissed, vide judgment, dated 28.08.2008, by confirming the conviction and sentence dated 02.05.2008 passed against the Appellant/Accused No. 1 by the trail Court for the off
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....
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