M MUNUSAMY Vs. STATE

JUDGEMENT

(1.) THE Revision Petitioner, who is the accused in C.C.No.468 of 2003 on the file of the District Munsif cum Judicial Magistrate Court, Arcot, was convicted for offence under section 417 C.P.C and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/-, in default to undergo three months simple imprisonment and the said conviction and sentence were confirmed by the learned Principal Sessions Judge, Vellore in Criminal Appeal No.58 of 2005. Aggrieved by the said conviction and sentence the petitioner has preferred this Revision Case.

(2.) THE case of the prosecution is that PW.3, who is the daughter of PW.1 and PW.2, got married to one Ganesan about three years prior to the date of giving evidence. As she was ill-treated she obtained a customary divorce and came to her parent's house at Kalavai Koot Road. While she was going to the field, she got acquaintance with the accused. THE accused promised to marry her and he had an affair with her. She also consented since the accused promised to marry her. She became pregnant and she informed to her mother. Panchayat was also held in which the accused denied his intimacy with PW.3. PW.1, the father of PW.3 gave a complaint Ex.P1 to the police. PW.7, Inspector of Police received a complaint on 25.07.1997 at 8.00 p.m and registered a case in Crime No.159 of 1997 for the offences under sections 417 and 493 IPC. Ex.P3 is the First Information Report. On 06.08.1997 at 10.30 a.m the accused was arrested and remanded to custody. THE accused who was on bail absconding till 14.12.1998. PW.8, the Inspector of Police took up further investigation from 16.01.1999. On 19.06.2001, the accused, PW.3 and her child were produced before PW.6 for DNA Test. PW.6 submitted his report Ex.P2 on 26.06.2001 concluding that the accused is the biological father of the child. PW.9, Inspector of Police who took up further investigation in this case, after completing the investigation filed the final report for offence under section 417 IPC.

(3.) THE Learned Government Advocate submitted that subsequent to the complaint given by PW.1, the victim girl PW.3 had given birth to a child and PW.6 also given a certificate Ex.P2 stating that the accused is the biological father of the child. As such the affair between the accused and PW.3 is proved and PW.3 had accepted and she had consented only on the basis of the promise made by the accused. Though, PW.3 was married, she obtained divorce and she had returned to the parental home and she was living separately. Only under such circumstances, the accused had approached her and made a promise and she had consented. THE refusal to marry PW.3 by the accused, amounts to an offence of cheating.