The court ruled that consensual sexual relations among first cousins, lacking fraudulent intent, do not constitute rape or cheating under the IPC.

1. This appeal by the convict is directed against the judgment and order of conviction and sentence respectively dated 03.08.2009 and 05.08.2009 by the Addl. Sessions Judge, Gomati Judicial District, Udaipur in Case No. ST 25 (GT / A) of 2017 (T - 1).
By the said judgment, the appellant has been convicted under S.417/376(2)(n) of the IPC. Pursuant to the said judgment, the appellant has been sentence to suffer rigorous imprisonment of ten years and to pay fine of Rs 30,000/- with default stipulation for commission of offence punishable under S.376(2) (n) of the IPC. He has been further sentenced to suffer simple imprisonment for six months for commission of offence punishable under S.417 of the IPC. Both the sentences are directed to run concurrently. The period of detention, if any, undergone by the convict during investigation, inquiry and trial, has been directed to be set off from the substantive period of imprisonment.

2. The genesis of the prosecution case is rooted in the complaint (Exbt - 1) lodged by the victim (PW - 1) [the name is withheld to protect the identity of the victim] to the Officer - in - Charge, Ampinagar Police Station, Gomati District revealing that that the appellant by profession a government teacher had developed a relation that 'of husband and wife' since 2012 on promise of marriage with her. In the complaint, it has been categorically stated that there had been physical relation and the appellant used to come in her house at night and stayed there. The victim used to go to the appellant's rented house. For 'few days' before lodging the complaint, when the victim insisted the appellant to marry her, the appellant refused to marry her. The said affair was known to the parents of the victim as well as of the appellant. On 25.11.2016, when the victim got the information that without apprising her, the appellant had settled his marriage with one girl, the victim informed her father. On the day of filing of the complaint i.e. on 24.11.2016, the village elders and the chieftain held a meeting for an amicable settlement and in the meeting, the appellant admitted the love affair till January, 2014. Till 19.11.2016, according to the victim, the appellant used to call her but by resiling from the promise, he denied to marry the victim and the advice of the meeting as held on 24.11.2016 was also defied by him. On the basis of the said complaint (Exbt - 1), Ompi PS Case NO.2016OMP009 under S.417/376 of the IPC was registered as is evident from the first information report (Exbt - 2) and taken up for investigation.

3. It appears from the record that on completion of the investigation, the police report was filed on charge sheeting the appellant. In due course, on taking cognizance, the police papers were committed to the Sessions Judge, Gomati District, Udaipur for trial. The Sessions Judge, Gomati District Udaipur, had transferred the said case to the Court of the Additional Sessions Judge, Gomati District Udaipur, hereinafter referred to as the trial judge, for trial. On 22.08.2017, the charge was framed under S.417 of the IPC for cheating the victim, by deceiving or dishonestly inducing her to compromise her chastity and to have sexual intercourse on the promise of marriage. The charge was also framed under S.376(2)(n) of the IPC for committing rape repeatedly. The appellant pleaded not guilty and claimed to be tried in accordance with law.

4. In order to substantiate the charge, the prose