Consent obtained through false promises does not necessarily constitute a misconception of fact, and the court's decision is based on the legal principles regarding consent and false promise.

The following is the graphical narration of the prosecution case:

1.(a) P.W.1 and 1st accused are belonging to Nolambur village. They were loving each other for two years prior to the date of occurrence. On 10.11.2003 at about 8.00 p.m. when nobody else in the house of P.W.1, 1st accused got entry into the house and attempted to have sexual relationship with her. When she refused, he stuffed her mouth with cloth and forcibly had sexual intercourse. She did not inform the occurrence to anybody as he promised to marry her. Subsequently, on various occasions he had sexual intercourse with her by obtaining her consent through false representations that he would marry her. She became pregnant. After that, so many occasions she has asked him to marry her for which he told that only after terminating foetus he will marry her. She informed her parents about the happenings. Thereafter, a panchayat was conducted wherein the 1st accused agreed to marry her. But later on he refused to marry her. On 21.5.2004 at about 10.00 a.m., accused 1 to 4 restrained P.W.1, caught hold of her hair and stamped on her stomach by legs.

1.(b) Narrating the above said allegations P.W.1 gave complaint with the respondent police on 22.5.2004. On receipt of the complaint, the Inspector of Police P.W.8 lodged FIR Ex.P.5 under Sections 376, 417 and 506, I.P.C. and sent the FIR to the Court and copies to the superior officers. She gave requisition to the Court to send P.W.1 for medical examination. As per the requisition of Judicial Magistrate No.1, Tindivanam, dated 24.05.2004 P.W9 Doctor, examined P.W.1 and issued certificate Ex.P.7 stating that she was 18 to 20 weeks pregnant. Thereafter the investigation was taken up by P.W.14,Women Inspector of Police, Tindivanam. In the meantime a female child by name Leena Priya born to P.W.1. Hence, P.W.14 gave requisition to the Judicial Magistrate to send the child for D.N.A. test to find out her paternity. P.W.13 Assistant Director, Forensic Science Research and Development Department, Chennai, on request letter from the Judicial Magistrate No.1, Tindivanam, conducted D.N.A. Test and issued Report Ex.P.10. In the Report it is stated that the accused is the father of the child. After completion of investigation, P.W.14 filed charge-sheet on 9.6.2003 against all the 4 accused.

2. After the prosecution evidence were over, the accused were questioned under Section 313 Cr.P.C. as to the incriminating materials available against them in prosecution evidence. All of them denied complicity to the offences. Complainant side 14 witnesses were examined and 14 exhibits were marked. Neither any witnesses were examined nor any exhibits were marked on the side of the accused.

3. After analysing the evidence on record, the learned trial Judge has found all the accused not guilty and acquitted them from the charges. Aggrieved at the order of acquittal the defacto complainant is before this Court by way of this appeal.

4. Point for Consideration:

“Whether the charges framed against the accused 1 to 4 have been established by the prosecution beyond all reasonable doubts?

Point:

5. The learned counsel for the petitioner Mr.Baskaran would submit that inasmuch as the first accused had sexual intercourse with P.W.1 by obtaining her consent by making false promise that he would marry her, he is liable to be punished under Section 417, I.P.C., that it is well settled proposition of law that in cases such as rape, delay in giving complaint usually occurs and the case of prosecution cannot be thrown out on that ground, that the report of the DNA Analysis (Ex.P.10) categorically states that the first accused is the father of the child, which is an overwhelming evidence to establish the fact that the first accused is medically fit for sexual intercourse, and hence the conclusion of the trial Court that there is no evidence that the first accused is medically fit to have sexual intercourse is unsustainable, that the trial Court has failed to look