Headnote
AI-drafted · Reviewed and approved
These three criminal appeals arose from a common judgment of conviction and order on sentence dated 25.10.2017 passed by the Principal District and Sessions Judge, Davanagere in S.C. No.115/2015. The Trial Court acquitted accused No.1 of offences under Sections 376, 504 and 506 of IPC but convicted him under Section 417 of IPC, sentencing him to nine months simple imprisonment and a fine of Rs.30,000/-; accused No.2 was acquitted of all charges.
Accused No.1 (Yogesh P J) appealed against his conviction under Section 417 IPC in Crl.A. No.1856/2017. The State filed Crl.A. No.412/2018 seeking enhancement of the sentence imposed for the offence under Section 417 IPC as being inadequate. The State also filed Crl.A. No.411/2018 against the acquittal of accused No.1 for offences under Sections 376, 504 and 506 of IPC and against the acquittal of accused No.2 for offences under Sections 504, 506 and 417 of IPC.
The prosecution's case was that the accused No.1, on the false pretext of marrying the complainant, induced her and committed sexual intercourse with her on 17.10.2011, as a result of which she became pregnant. The accused Nos.1 and 2 initially provided support to the complainant but subsequently abandoned her, prompting her to lodge a complaint leading to registration of Crime No.50/2013.
Catchwords:
cheating · rape · false promise of marriage · sexual intercourse on pretext of marriage · conviction under Section 417 IPC · acquittal under Section 376 IPC · enhancement of sentence · appeal against acquittal · Karnataka · criminal appeal
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