Case Note & Summary
The appellant, Angad Tikaram Chandane, was convicted by the trial court for offences under Sections 376 (rape) and 417 (cheating) of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for 9 years and 7 months respectively. The prosecution alleged that the accused had forcible sexual intercourse with the prosecutrix on multiple occasions without her consent and later cheated her by not marrying her. The High Court, on appeal, scrutinized the evidence and found material inconsistencies in the prosecutrix's testimony. The court noted that the prosecutrix admitted to having a consensual relationship and that the accused had expressed willingness to marry her. The court held that the prosecution failed to prove the essential ingredients of rape, particularly the absence of consent, and that the charge of cheating was not made out as there was no dishonest inducement. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Rape - Consent - Sections 375, 376 Indian Penal Code, 1860 - The court examined whether the sexual intercourse was consensual or forcible. The prosecutrix's testimony was inconsistent and lacked corroboration. The court held that the prosecution failed to prove absence of consent beyond reasonable doubt, and the accused was entitled to acquittal. (Paras 1-10) B) Criminal Law - Cheating - Section 417 Indian Penal Code, 1860 - The court considered whether the accused cheated the prosecutrix by promising marriage. The evidence showed that the relationship was consensual and the promise of marriage was not made with dishonest intent. The court held that the conviction under Section 417 IPC was also unsustainable. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Sections 376 and 417 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds cancelled.
Law Points
- Consent in sexual offences
- Standard of proof beyond reasonable doubt
- Corroboration of prosecutrix testimony
- Benefit of doubt
