Headnote
AI-drafted · Reviewed and approved
These three criminal appeals arose from a common judgment of conviction and sentence dated 25.10.2017 passed by the Principal District and Sessions Judge, Davanagere in S.C. No.115/2015. The Trial Court convicted Accused No.1 (Sri Yogesh P J) under Section 417 IPC for cheating by inducing the complainant on a false promise of marriage and committing sexual intercourse, sentencing him to nine months' simple imprisonment and a fine of Rs.30,000/-, while acquitting him of offences under Sections 376, 504 and 506 IPC. Accused No.2 (Smt. Ashwini, wife of Accused No.1) was acquitted of all charges under Sections 504, 506 and 417 IPC.
Accused No.1 preferred Criminal Appeal No.1856/2017 challenging his conviction and sentence under Section 417 IPC. The State preferred Criminal Appeal No.412/2018 seeking enhancement of the sentence imposed on Accused No.1 for the offence under Section 417 IPC as being inadequate. The State also preferred Criminal Appeal No.411/2018 under Sections 378(1) and (3) Cr.P.C. challenging the acquittal of Accused No.1 for offences under Sections 376, 204 and 506 IPC and the acquittal of Accused No.2 for offences under Sections 504, 506 and 417 IPC.
The prosecution's case was that the complainant, who had separated from her husband and was running a school at Davanagere, was induced by Accused No.1 on the false pretext of marriage into a sexual relationship on 17.10.2011, resulting in pregnancy. Accused Nos.1 and 2 thereafter conducted a panchayat, arranged separate accommodation for the complainant, but subsequently abandoned her, prompting her to lodge a complaint registered as Crime No.50/2013.
Catchwords:
cheating · false promise of marriage · sexual intercourse · conviction under Section 417 IPC · acquittal under Section 376 IPC · appeal against acquittal · appeal against inadequacy of sentence · enhancement of sentence · criminal appeal
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