The State By Circle Inspector Of Police vs Sri Yogesh P J

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This judgment disposed of connected matters. The same reasons were delivered in the following 2 cases.

Sri Yogesh P J vs State Of Karnataka

The State By Circle Inspector Of Police vs Sri Yogesh P J

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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 the complainant by inducing her on the false pretext of marriage and having sexual intercourse with her, 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 and acquitting Accused No.2 of all charges.

Accused No.1 preferred an appeal (Crl.A. No.1856/2017) challenging his conviction under Section 417 IPC. The State filed an appeal (Crl.A. No.412/2018) seeking enhancement of the sentence awarded against Accused No.1 as being inadequate. Additionally, the State filed a separate appeal (Crl.A. No.411/2018) 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, a school-runner who had separated from her husband, was induced by Accused No.1 on the false promise of marriage on 17.10.2011 and subjected to sexual intercourse, resulting in pregnancy. The accused and his wife subsequently conducted a panchayat, arranged separate accommodation for the complainant, but later abandoned her, prompting her to lodge a complaint leading to Crime No.50/2013.

Catchwords: cheating · false promise of marriage · sexual intercourse · conviction under Section 417 IPC · acquittal under Section 376 IPC · enhancement of sentence · appeal against acquittal · inadequacy of sentence