Case Note & Summary
The appellant, Kashinath Narayan Gharat, was convicted by the Additional Sessions Judge, Palghar, for the offence punishable under Section 417 of the Indian Penal Code (IPC) for cheating. The prosecution case was that the appellant had sexual relations with the prosecutrix (PW1) on the promise of marriage, but later refused to marry her. The trial court acquitted the appellant of the charge under Section 376 IPC (rape) but convicted him under Section 417 IPC. The appellant appealed against the conviction and sentence. The High Court of Bombay heard the appeal. The court examined the evidence of PW1 (prosecutrix) and PW2 (her sister), which indicated a love affair and sexual relationship over about three years. The court noted that the evidence showed the appellant had made a promise of marriage, which he later broke. The court held that the conviction under Section 417 IPC was sustainable as the appellant had deceived the prosecutrix by making a false promise of marriage, inducing her to engage in sexual relations. The court found no reason to interfere with the trial court's findings. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Cheating - Section 417 IPC - False Promise of Marriage - The appellant was convicted under Section 417 IPC for having sexual relations with the prosecutrix on the false promise of marriage. The court held that the evidence of the prosecutrix and her sister established a love affair and sexual relationship over three years, and the accused subsequently refused to marry. The conviction under Section 417 was upheld as the promise was false from the inception. (Paras 6-8)
Issue of Consideration
Whether the appellant's conviction under Section 417 IPC for cheating by falsely promising marriage is sustainable on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Section 417 IPC upheld.
Law Points
- Promise of marriage as a false pretext for sexual relationship constitutes cheating under Section 417 IPC
- Consent obtained by deception is not valid consent for sexual intercourse
- Acquittal under Section 376 IPC does not preclude conviction under Section 417 IPC
