THE HONOURABLE DR. JUSTICE D.NAGARJUN CRIMINAL REVISION CASE No.1504 of 2009

O R D E R

This Criminal Revision Case is filed by the petitioner /

accused under Sections 397 and 401 of the Criminal Procedure Code, 1973, aggrieved by the Judgment dated 07.09.2009 passed in CRL.A.No.70 of 2009 by the learned III Additional Sessions Judge, (FTC), Asifabad, wherein the petitioner/accused was found guilty and convicted for the offence under Section 417 of the Indian Penal Code and sentenced him to undergo Simple Imprisonment for a period of six months and there is no change or modification with regard to the fine amount of Rs.500/-, against the Judgment of Conviction and Sentence dated 07.07.2009 in C.C.No.258 of 2006 passed by the learned Judicial Magistrate of First Class, Sirpur, wherein the petitioner/accused was found guilty and convicted for the offence under Section 420 of the Indian Penal Code and sentenced to undergo Simple Imprisonment for a period of one year and to pay fine of Rs.500/-, in default to suffer Simple Imprisonment for two months.

02. The brief facts of the case are as under:

The revision petitioner had physical intimacy with one Thota Padma (PW1) since 05.10.2005 and promised her to marry and they both moved together in the village and later the revision petitioner denied to marry her. On the complaint given by PW1 a case in Crime No.11 of 2006 for the offence under Section 493 and 420 of the Indian Penal Code and after completion of investigation filed charge sheet. During the course of trial, PW1 to PW8 were examined and Exs.P1 to P3 are marked. No oral or documentary evidence is adduced by the accused.

03. On hearing both sides, the trial Court found the revision petitioner not guilty for the offence under Section 493 of the Indian Penal Code and found him guilty and convicted for the offence under Section 420 of the Indian Penal Code and sentenced to undergo Simple Imprisonment for a period of one year and to pay fine of Rs.500/-, in default to suffer Simple Imprisonment for two months.

04. On which, the revision petitioner filed Criminal Appeal vide CRL.A.No.70 of 2009 before the learned III Additional Sessions Judge, (FTC), Asifabad and the same was also partly allowed wherein the petitioner/accused was found guilty and convicted for the offence under Section 417 of the Indian Penal Code and sentenced him to undergo Simple Imprisonment for a period of six months and there is no change or modification with regard to the fine amount of Rs.500/-.

05. Aggrieved by the same, the revision petitioner/accused filed this Criminal Revision Case on the following grounds:

i. The Judgment of the Appellate Court is illegal, improper and incorrect.

ii. The learned Judge failed to see that PW1 to PW6 are highly interested witnesses.

06. Heard Sri C Sharan Reddy, learned counsel, representing Ms. D Sangeetha Reddy, learned counsel, on record, for the petitioner as well as Sri Muthyala Muralidhar, learned Additional Public Prosecutor for the State / Respondent. Perused the record including the Judgments of trial Court and Appellate Court.

07. Now the point for determination is:

Whether Judgment dated 07.09.2009 passed in CRL.A.No.70 of 2009 by the learned III Additional Sessions Judge, (FTC), Asifabad, against the the Judgment of Conviction and Sentence dated 07.07.2009 in C.C.No.258 of 2006 passed by the learned Judicial Magistrate of First Class, Sirpur, is liable to be set aside ?

P O I N T

08. The question straight away falls for consideration in this Criminal Revision Case is whether the cancellation of marriage, amounts to cheating. Section 420 of the Indian Penal Code reads as under:

“420. Cheating and dishonestly inducing delivery of property.(cid:151)Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable securi