Conviction under Section 417 IPC requires proof of a fraudulent promise to marry which was false from the inception; mere failure to marry does not constitute deception in consensual relationships.

JUDGMENT :

KAUSHIK GOSWAMI, J.

Heard Mr. L. K. Borah, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam appearing for the State respondent. None has appeared for the informant/respondent No.2.

2. By way of the instant Criminal Revision Petition under Section 401 of the Code of Criminal Procedure, 1973, the petitioner has assailed the judgment and order dated 31.05.2014 passed by the learned Sessions Judge, Golaghat in Criminal Appeal No.04/2008 whereby the appeal of the petitioner/appellant was rejected by upholding the judgment and order of conviction dated 28.12.2007 passed by the learned Sub-Divisional Judicial Magistrate (S), Golaghat in G.R. Case No.37/2007 by which the petitioner/appellant was convicted under Section 417 of the Indian Penal Code and sentenced to undergo simple imprisonment for a term of one year with fine of Rs.2000/- (Rupees Two Thousand), in default of payment of fine, another simple imprisonment for six months.

2. The case of the prosecution, in a nutshell, is that upon information being lodged on 10.01.2007 by the victim that she had love affairs with the petitioner for about one year and during that period the petitioner had committed sexual intercourse with her with a promise to marry her and hence she became pregnant, however, later on, he refused to marry her in spite of her repeated request and ultimately fled away from his house, a case was registered before the Bokakhat Police Station vide Bokakhat P.S. Case No.06/2007 under Sections 493 /420 of the IPC .

3. After completion of the investigation and submission of Charge-sheet under Section 493 /420 IPC the case was transferred to the Trial Court. The accused/petitioner upon pleading not guilty and seeking trial, the trial commenced wherein the prosecution examined five witnesses including the Investigating Officer. The prosecution witnesses are as follows : Smti. Budheswari Doley (PW-1), Sri Hemoram Doley (PW-2), Smti. Lileswari Doley (PW-3), Sri Bharat Doley (PW-4) and Sri Lileswar Gogoi (PW-5). That apart, the Court has examined four witnesses as CWs, viz., Smti. Dipali Hazarika, Advocate-cum- Secretary of the Women Cell, Bokakhat (CW-1), Sri Saityam Doley (CW-2), Sri Dharmeswar Pegu (CW-3) and Smti. Bhagyashree Doley (CW-4). Thereafter, the incriminating circumstances having been put before the accused/ appellant under Section 313 Cr.P.C. he denied all such incriminating circumstances.

4. It appears that the victim during her deposition in the Court has deposed that the accused had promised to marry her and thereby committed sexual intercourse with her on several occasions. She further deposed that she conceived and became pregnant from the aforesaid relationship with the accused and when she approached him for marriage, he refused to marry her. She further deposed that though PW-2 i.e. her father had organized a village meeting for discussing and deciding the said matter, however, the accused by then had absconded from his place and remained absent from the said meeting. She further deposed that upon being advised to approach the Women Cell of Bokakhat, she filed a proceeding before the jurisdictional Women Cell. She further deposed that though the Women Cell had also issued notices upon the accused for appearances but he did not appear. She further deposed that thereafter she filed the instant case.

5. PW-2, who is the father of the victim, deposed that the accused had been frequently visiting his home since last two years and he had also promised to marry the victim. He further deposed that on 27.10.2006 the victim informed that she was pregnant from the aforesaid relationship with the accused and that after the accused came to know that the victim has conceived he had asked her to conceal the said fact from others. He further deposed that by the time they came to know, she was already 5 months pregnant. He further deposed that immediately he proceeded to the house of the accu