The appellant's promise of marriage followed by sexual intercourse leading to the victim's pregnancy constituted cheating under Section 417 IPC.

JUDGMENT

The Appellant/Accused has preferred this Criminal Appeal as against the judgment of conviction and sentence imposed on him in S.C.No.134 of 2005 on the file of the learned Principal Sessions Judge of Kancheepuram District at Chengalpattu, dated 02.09.2016.

2.The brief facts which are necessary to decide this Appeal are as follows:

2.1.The victim/Complainant belongs to Hindu Adi Dravidar community. The Appellant/Accused belongs to Hindu Yadava community. Four months prior to 06.01.2002, the Appellant/Accused fell in love with the Victim/Complainant aged about 19 years and also had sexual intercourse with her by saying 

Believing the words the victim had sexual intercourse and become pregnant. Later, the Appellant/Accused refused to marry her stating that she is Scheduled caste. Hence the Deputy Superintendent of Police, Mamallapuram has filed charge sheet U/s 376, 417 IPC r/w 3(1) (xii) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act. The learned Judicial Magistrate No. I, Chengalpattu took up the charge sheet on his file as P. R. C No. 34/2002. After furnishing the copies of records relied on by the Prosecution to the Appellant/Accused as per the provisions of Sec. 207 of Cr. P.C., the learned Judicial Magistrate No. I, Chengalpattu has committed the case to the Court of the learned Principal Sessions Judge, Kancheepuram at Chengalpattu u/s. 209 of Cr.P.C., since the offence U/s. 376, 417 IPC r/w 3(1) (xii) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act is exclusively triable by the Court of Sessions. The Court of learned Principal Sessions Judge, Kancheepuram at Chengalpattu took up the case as S.C.No.134/2005. After perusing the records and hearing the arguments of both sides, since prima facie case was made out against the Appellant/Accused, the trial Judge had framed charges U/s 376, 417 IPC r/w 3(1) (xii) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act against the Appellant/Accused.

2.2. To prove the guilt of the Appellant/Accused, the prosecution has examined 12 witnesses as P.W-1 to P.W-12 and marked Exhibits P-1 to P- 13. No Material Object has been marked. No witness was examined and no exhibits have been marked.

2.3.On considering the rival submission of both sides and on persual of the evidence and documents, the learned Principal Sessions Judge had found the Accused guilty for an offence punishable under Section 417 of IPC and the Appellant/Accused was Convicted and sentenced to undergo one year Rigorous Imprisonment for an offence U/s.417 I.P.C. He also directed to pay an amount of Rs.3,00,000/ towards compensation U/s 357(3) Cr.P.C. The period of already undergone is ordered to be set off U/s 428 Cr.P.C. The Appellant/Accused found not guilty for an offences U/s.376 IPC and 3(1) (xii) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act and acquitted from the said charges. The amount of compensation of Rs.3,00,000/- shall be paid to the victim.

Aggrieved by the judgment of conviction and sentence imposed on the Accused, this Criminal Appeal had been filed.

3.The learned Counsel for the Appellant submitted that the judgment of the learned Principal Sessions Judge, Kancheepuram District at Chengalpattu, in S.C.No.134 of 2005 is perverse as the offence under Section 417 of Indian Penal Code is not at all attracted as per the ingredients of Section 415 of IPC. The learned Counsel for the Appellant invited the attention of this Court to the charges framed against the Appellant/Accused at the commencement of the trial under Sections 376, 417 of IPC read with 3(1) (xii) of Scheduled Caste/Schedule Tribe (Prevention of Atrociti