Case Note & Summary
The appellant, Lahanu Waman Kharde, was convicted by the Additional Sessions Judge, Sangamner, for the offence punishable under Section 417 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for 8 months and a fine of Rs. 500, with a default sentence of one month. He was acquitted of the charges under Sections 376 and 420 IPC. The case arose from a complaint by Saraswati Kharde, who alleged that the accused, a relative, visited her house about eight months prior to 16 November 1995 when she was alone, promised to marry her, and thereby induced her to have sexual intercourse. The accused continued to have sexual relations with her on the same promise, leading to her pregnancy. When her mother Yashodabai inquired, Saraswati revealed the promise. The family confronted the accused, who assured marriage but later left for Thane and returned after 3-4 months. When pressed again, he refused to marry. The prosecution examined four witnesses, including the prosecutrix (PW1), her mother (PW4), and a doctor (PW2). The trial court found that the accused's promise was false from the beginning, constituting cheating under Section 417 IPC, but held that the consent for sexual intercourse was not vitiated as the promise was not false at the time of the first act, leading to acquittal under Section 376 IPC. The court also acquitted under Section 420 IPC as sexual intercourse was not 'property'. The High Court, in appeal, upheld the conviction under Section 417 IPC, finding no reason to interfere with the trial court's findings. The court noted that the accused had induced the prosecutrix to sexual intercourse on a false promise of marriage, which he never intended to fulfill, thereby cheating her. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Cheating - Section 417 Indian Penal Code, 1860 - False Promise of Marriage - Accused induced prosecutrix to sexual intercourse on promise of marriage, which he later failed to fulfill - Court held that the promise was false from inception, constituting cheating - Conviction under Section 417 IPC upheld (Paras 1-10). B) Criminal Law - Rape - Section 376 Indian Penal Code, 1860 - Consent by False Promise - Where consent for sexual intercourse is given on a false promise of marriage, it may vitiate consent if the promise was false from the start - However, in this case, the trial court acquitted the accused under Section 376 IPC, and the High Court found no reason to interfere as the evidence did not establish that the promise was false at the time of the first act (Paras 1-10). C) Criminal Law - Cheating - Section 420 Indian Penal Code, 1860 - Ingredients - The accused was acquitted under Section 420 IPC as the prosecution failed to prove that the complainant was deceived by the accused's promise to marry, leading to delivery of property - The sexual intercourse was not considered 'property' under Section 420 (Paras 1-10).
Issue of Consideration
Whether the accused's conviction under Section 417 IPC for cheating by false promise of marriage is sustainable, and whether the acquittal under Sections 376 and 420 IPC is correct.
Final Decision
Appeal dismissed. Conviction and sentence under Section 417 IPC confirmed.
Law Points
- Promise to marry
- consent
- cheating
- Section 417 IPC
- Section 376 IPC
- Section 420 IPC
- false promise
- sexual intercourse
- breach of promise
