The necessity to give full effect to legislative intention and not to convict a person for a different offence if the acts committed do not fall within the definition of such offence.

1. The above Criminal Revision Case is directed against the judgment of the learned X Metropolitan Magistrate, Egmore, Chennai, rendered in C.C.No.7133 of 1999 whereby the first respondent herein had been acquitted of the charge under Section 420 IPC but had been convicted for the offence under Section 417 IPC.

2. Learned counsel for the petitioner basing reliance on the decision of the Andhra Pradesh High Court reported in (Suram Kiran Kumar Reddy Vs. State of A.P.) submitted that from the facts established in the case, by the evidence adduced and by the prosecution an offence under Section 420 IPC has been made out, since as per the decision of the Andhra Pradesh High Court ‘chastity’ and / or ‘virginity’ of a woman is covered by ‘property’ under Section 415 IPC. He further submitted that the betrothal between the petitioner and the accused / the first respondent herein was performed eight months prior to 23.03.1999, but since the parents of the petitioner could not comply with the demand of 15 sovereigns jewels made by the mother of the first respondent the marriage proposal was dropped, but thereafter the first respondent assured the petitioner that he would take her as his wife and under that pretext he had sexual intercourse with her and due to that she became pregnant; inspite of the petitioner’s fervent request to the first respondent to marry her, he flatly refused to marry her but tortured the petitioner to abort the child; the above heinous act of the first respondent will definitely amount to an offence under Section 420 IPC.

3. I have carefully considered the said submissions made by the learned counsel for the petitioner.

4. In the decision reported in (referred to supra) in paragraph 12 the learned Judge of the Andhra Pradesh High Court has held as under:-

“(12) IN my considered view ‘chastity’ and/or ‘virginity’ of a woman is also covered by ‘property’ used in Section 415 IPC for the reason that a woman who engages in sexual activity for ‘payment’ is called a prostitute, and the ‘payment’ in such case is made by ‘the man for ‘buying’ sexual pleasure. Traditionally Indian women try to preserve their virginity to ‘offer’ it to their husband on the first night of their nuptial. They also treat and consider ‘chastity’ as if it were ‘property’. For rape they say in Telugu when translated means he stole my chastity’, as if it were property. The averments in the FIR show that in view of the promise made by the 1st petitioner to marry her only, 2nd respondent spent a few nights with him in some hotels, and also in his house during the absence of his parents. The dishonest or fraudulent inducement on the part of 1st petitioner made the 2nd respondent to offer her ‘chastity’, (which, in my considered opinion, can be considered as property) is apparent from the averments in the FIR. Had the 1st petitioner not promised to marry her, 2nd respondent would not have spent a few nights with 1st petitioner. Thus prima facie the ingredients necessary for the offence of cheating, as contemplated by Section 415 IPC, are found in the FIR. Whether the offence alleged is covered by Section 417 or Section 420 IPC is a matter to be determined by the Magistrate while framing charges.”

In the said decision, the learned Judge of the Andhra Pradesh High Court has equated the ‘chastity’ and/or ‘virginity’ of a woman with ‘property’ as found in Section 415 IPC. With respect to the learned Judge I am unable to agree with the said view.

5. To decide the submissions made by the learned counsel for the petitioner it will be useful to refer to the provisions contained in Sections 415, 417 and 420 of the Indian Penal Code which read as under:-

“415. Cheating. - Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he wou