PUSHBAKARAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed against the conviction and sentence passed by the learned II Additional Sessions Judge, Dharmapuri, in S.C. No. 50 of 2013 dated 20.02.2014 whereby the appellant/sole accused was convicted under Sections 493 and 417 IPC and sentenced to undergo 4 years rigorous imprisonment for the offence under section 493 IPC and one year rigorous imprisonment for the offence under section 417 IPC and the sentences are ordered to run concurrently. The appellant is directed to pay a compensation of Rs. 1,00,000/ - directly to the victim girl, Revathi.

(2.) THE case of the prosecution is briefly stated as under:

(3.) THE evidence of P.W. 1/victim girl would further indicate that she had developed intimacy with the accused and had allowed him to have sexual intercourse with her on the assurance given by him to marry her. Therefore, it would be evident from the said evidence of P.W. 1 that the accused had sexual intercourse with P.W. 1 with her consent. The victim was aged nearly 17 years at the time of occurrence. The prosecution case is that she agreed to sexual intercourse because the accused promised to marry her. The prosecution has not brought home the guilt of the accused in respect of charges under Sections 493 and 417 of Indian Penal Code. When the charge of cheating rests upon a representation, which is false and which relates not to an existing fact but to a certain future event, it must be shown by the prosecution that the representation is false to the knowledge of the accused when it was made. It will be of no consequence to show that in fact the representation has ultimately turned out to be untrue.