Case Note & Summary
The appellant, Sunil Janya Dabka, was convicted by the Additional Sessions Judge, Palghar, for offences under Section 376 (rape) and Section 417 (cheating) of the Indian Penal Code, 1860, and sentenced to one year rigorous imprisonment and a fine of Rs.500 for the latter. The appellant challenged the conviction before the Bombay High Court. The prosecution case was that the appellant had sexual relations with the prosecutrix on the false promise of marriage. The prosecutrix filed a complaint after the appellant refused to marry her. The High Court examined the evidence and found that the prosecutrix's testimony was inconsistent and lacked corroboration. She admitted to a consensual relationship and delayed filing the complaint. The court held that the conviction under Section 376 IPC could not be sustained as the evidence did not establish rape. However, the court upheld the conviction under Section 417 IPC, finding that the appellant's false promise of marriage amounted to cheating. The court reduced the sentence for the offence under Section 417 IPC to the period already undergone (about 10 months) and maintained the fine.
Headnote
A) Criminal Law - Rape - Section 376 Indian Penal Code, 1860 - Acquittal - The prosecutrix's testimony was inconsistent and uncorroborated; she admitted to a consensual relationship and delayed filing complaint. Held that conviction under Section 376 IPC cannot be sustained (Paras 4-6). B) Criminal Law - Cheating - Section 417 Indian Penal Code, 1860 - False Promise of Marriage - The appellant promised to marry the prosecutrix and had sexual relations on that basis, but later refused to marry. Held that this constitutes cheating under Section 417 IPC (Paras 7-8).
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC and Section 417 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is partly allowed. The conviction under Section 376 IPC is set aside and the appellant is acquitted of that charge. The conviction under Section 417 IPC is upheld, but the sentence is reduced to the period already undergone (about 10 months). The fine of Rs.500 is maintained.
Law Points
- Section 376 IPC
- Section 417 IPC
- False promise of marriage
- Consent
- Corroboration
- Inconsistent evidence
