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2007 Supreme(Mad) 1755
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE A.C. ARUMUGAPERUMAL ADITYAN
Manjunathan
Versus
The State rep by The Inspector of Police, All Women Police Station, Gudiyatham, Vellore District
Crl.R.C.No.612 of 2005
Decided On : 14-06-2007
For the Petitioner:S.Kaithamalai Kumaran, Advocate. For the Respondent: V.R.Balasubramanian, Additional Public Prosecutor.
The main legal point established in the judgment is that consent for sexual intercourse based on a promise of marriage, which leads to pregnancy, does not constitute a misconception of fact under Section 90 IPC, and the accused can be held liable for cheating under Section 417 IPC.
Headnote:
IPC - Cheating - Section 417, CrPC - Section 207 - Section 417, Section 415, Section 90, Section 375, Section 506(ii) - The court discussed the application of Section 417 IPC and the interpretation of consent under Section 90 IPC. The court highlighted the requirement of immediate relevance of the fact for misconception of fact and emphasized that if a girl consents to sexual intercourse on a promise of marriage and continues such activity until pregnancy, it is an act of promiscuity and not induced by misconception of fact. The court also referenced a similar case to support its decision.
Fact of the Case:
The accused was charged under Section 417 & 506(ii) IPC for cheating a girl by promising marriage and having sexual intercourse with her, resulting in pregnancy. The trial court convicted the accused under Section 417 IPC and acquitted him under Section 506(ii) IPC. The appellate court confirmed the judgment, leading to the accused's revision.
Finding of the Court:
The court found that the accused's promise of marriage was a pretext to have sexual intercourse, and he never intended to marry the victim. The court held that the accused's actions constituted cheating under Section 417 IPC.
Issues: The main issue was whether the accused's actions amounted to cheating under Section 417 IPC by promising marriage and having sexual intercourse with the victim.
Ratio Decidendi: The court emphasized that if a girl consents to sexual intercourse on a promise of marriage and continues such activity until pregnancy, it is an act of promiscuity and not induced by misconception of fact. The court also highlighted the immediate relevance of the fact for misconception of fact under Section 90 IPC.
Final Decision: The revision was dismissed, confirming the judgment of the appellate court. The accused was directed to undergo the remaining part of the sentence.
This revision has been preferred against the judgment in C.A.No.140 of 2004 on the file of the Principal Sessions Judge, Vellore, which had arisen out of the judgment in C.C.No.361 of 2003 on the file of the Judicial Magistrate, Gudiyatham. The accused has been charged under Section 417 & 506(ii) IPC.
2. After taking cognizance of the offence, the learned Judicial Magistrate has issued summons to the accused and on his appearance, furnished copies under Section 207 Cr.P.C, and when the offence was explained and questioned he pleaded not guilty.
3. Before the trial Court P.W.1 to P.W.12 were examined and Ex.P.1 to Ex.P.4 were marked.
4. P.W.1 is the victim girl. According to her, the accused is related to her and was studying in the decree class while she was studying in higher secondary school and that they fell in love with each other and at the pretext of marrying her, he had sexual intercourse with her, which resulted in her pregnancy. The accused took her to a doctor during December-2002 after mensural cycle stopped for a month had compelled herself to subject her for abortion. When she insisted to marry her on several occasions, the accused had demanded Rs.3,000/-since she was not having any amount of money, she gave her gold ring to the accused and when her mother enquired about the missing of the ring she (P.W.1) had narrated everything to her and also informed her that the accused had cheated her and had sexual intercourse with her on the pretext of marrying her and once she (P.W.1) compelled the accused to marry her, he informed her that he is loving another girl and he is going to marry only her and not P.W.1, which made her to prefer a complaint with All Women Police Station at Gudiyatham. Ex.P.1 is the compliant.
5. P.W.2 is the mother of P.W.1. She had corroborated the evidence of P.W.1 to the effect that P.W.1 had informed her that she gave her 1/2 soverign of gold ring to the accused believing that he will marry her. P.W.2 would further depose that since the accused has refused to marry P.W.1, she went to the extent of committing suicide by consuming poison and that she admitted P.W.1 in the hospital and saved her life.
6. P.W.3 is the brother of P.W.1. According to him, he came to know about the affairs of the accused with P.W.1 through P.W.2 his mother.
7. P.W.4 is another brother of P.W.1, who has also corroborated the evidence of P.W.3.
8. P.W.5 is also close relative of P.W.1, who would depose to the effect that both the accused and P.W.1 were moved together very closely.
9. P.W.6 is the uncle of P.W.1. According to him, he saw the accused at 11.00 pm in the house of P.W.1.
10. According to P.W.7, he had witnessed while the accused and P.W.1 cohabited each other.
11. P.W.8 has seen P.W.1 in the hospital while she was convalescing after undergoing an abortion.
12. P.W.9 also speaks about the love affair of the accused and P.W.1 and that he came to know from P.W.2 that the accused after moving with P.W.1 so closely had admitted P.W.1 in an hospital and subjected her to undergo an abortion.
13. P.W.10 is the doctor in the Government Hospital Gudiyatham, who had examined the accused on 8. 2003 at about 12.40 pm and has given Ex.P.2-certificate to the effect that the accused is potent.
14. P.W.11 is the Doctor, who had examined P.W.1 on 17. 2003 at about 1.05 pm and has issued Ex.P.3-certificate to the effect that P.W.1 is not virgin.
15. P.W.12 is the Investigating Officer, who had registered the complaint preferred by P.W.1 under Cr.No.5 of 2003 of All Women Police Station, Gudiyatham, under Section 417 and 506(ii) IPC. Ex.P.4 is the copy of the FIR. She had arrested the accused on 17. 2003 at about 9.00 pm and produced before the Judicial Magistrate for remand. She has examined the witnesses including the government doctors and after completing the formalities has filed the charge sheet against the accused.
16. When incriminating circumstances were put to the accused under Section 31
