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K.SURENDER
State of Telangana – Appellant
Versus
Dasari Murali – Respondent
JUDGMENT
State is the appellant herein questioning the acquittal recorded vide judgment dated 07.06.2019 in S.C.No.209 of 2012 acquitting the respondent/accused for the alleged offences under Section 417, 376 and 506 of IPC by the Special Sessions Judge for Trial of Cases relating to Atrocities Against Women, Khammam (for short ‘the Sessions Court’)
2. Briefly, the case of the prosecution is that the defacto complainant/P.W.1 filed a complaint on 11.10.2009 stating that she was married to one Nagaraju seven years prior to the complaint. After one year, they got separated before the village elders due to marital discord. Eight months prior to complaint, she got acquainted with the respondent and developed physical intimacy on the belief that he would marry her. P.W.1 also provided Rs.10,000/- to the respondent/accused. She was carrying 4th month pregnancy and when asked to marry, the respondent/accused refused, for which reason complaint/Ex.P1 was filed.
3. The Sessions Court, during the course of trial, examined P.Ws.1 to 10 and marked Exs.P1 to P9 produced by the prosecution in support of its case.
4. Learned Assistant Public Prosecutor submits that Sessions Court committed a
Consensual physical relation between two adults is not rape.
When there is a subsisting marriage, the question of respondent/accused marrying PW-1 would not arise for the reason of such marriage being an offence punishable for bigamy and invalid as per law.
The main legal point established in the judgment is the interpretation of the offence of cheating under Section 415 of I.P.C, emphasizing the requirement of intentional inducement causing harm to the....
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 quality of evidence and the requirement of 'sterling' quality in establishing the elements of the offence.
Point of law : Presumption of innocence which is attached to every accused gets fortified and strengthened when the said accused is acquitted by the trial Court. Probably, for this reason, the law ma....
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