Case Note & Summary
The petitioner, Sri George, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging the order dated 20.09.2017 passed by the Additional District and Sessions Judge, Udupi (sitting at Kundapura) in S.C. No. 2/2017. The Sessions Court had dismissed the petitioner's application under Section 227 Cr.P.C. seeking discharge from offences under Sections 376 (rape) and 417 (cheating) of the Indian Penal Code, 1860 (IPC). The case arose from a complaint lodged by the prosecutrix at Amasebailu Police Station, alleging that the petitioner had sexual relations with her on the false promise of marriage. The petitioner contended that the relationship was consensual and that there was no prima facie case against him. The High Court examined the material on record, including the complaint and statements, and found that the prosecutrix was an adult and had willingly engaged in a relationship. The court noted that for a promise to marry to vitiate consent, it must be proven that the promise was false from the inception and that the accused had no intention to marry at the time of making the promise. In this case, there was no such evidence; rather, the relationship appeared consensual. The court also observed that the prosecutrix continued the relationship for a considerable period, indicating that the promise was not the sole basis for consent. Consequently, the High Court held that no prima facie case for rape or cheating was made out, allowed the revision petition, set aside the Sessions Court's order, and discharged the petitioner from all charges.
Headnote
A) Criminal Procedure Code - Discharge under Section 227 - Prima Facie Case - The court must evaluate whether the material on record, if unrebutted, would warrant conviction; if not, the accused is entitled to discharge. The Sessions Court's order dismissing discharge was set aside as the allegations did not prima facie constitute rape or cheating. (Paras 1-10) B) Indian Penal Code - Rape - Section 376 - False Promise to Marry - For a promise to marry to vitiate consent, it must be false from the inception and the accused must have had no intention to marry at the time of promise. In this case, the relationship was consensual and the promise was not proven false from the start. (Paras 5-10) C) Indian Penal Code - Cheating - Section 417 - Misconception of Fact - The prosecutrix, being an adult and aware of the consequences, consented to the relationship. There was no evidence that the accused deceived her from the beginning. Hence, no prima facie case for cheating. (Paras 5-10)
Issue of Consideration
Whether the Sessions Court erred in dismissing the discharge application under Section 227 Cr.P.C. when the material on record does not prima facie establish the offence of rape under Section 376 IPC or cheating under Section 417 IPC.
Final Decision
The High Court allowed the revision petition, set aside the order dated 20.09.2017 passed by the Additional District and Sessions Judge, Udupi (sitting at Kundapura) in S.C. No. 2/2017, and discharged the petitioner from all charges under Sections 376 and 417 IPC.
Law Points
- Discharge under Section 227 Cr.P.C.
- Prima facie case
- Rape by false promise to marry
- Consent under misconception of fact
- Section 376 IPC
- Section 417 IPC
