MANOJ SADASHIORAO BHISE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant seeks to assail the judgment and order dated 24-10-2002 passed by the learned IInd Ad hoc Additional Sessions Judge, Amravati in Sessions Trial 422/1997, by and under which the appellant (hereinafter referred to as the "accused") is convicted for having committed offence punishable under Section 417 of the Indian Penal Code (" IPC " for short) and is sentenced to suffer rigorous imprisonment for six months and to payment of fine of Rs.2,000/-. The accused is, however, acquitted of offence punishable under Sections 366 and 376 of the IPC.

(2.) Heard Shri S.D. Chande, learned Advocate for the appellant and Shri A.M. Kadukar, learned Additional Public Prosecutor for the respondent.

(3.) The learned Sessions Judge, having acquitted the accused of offence punishable under Sections 366 and 376 of the IPC, which finding is predicated on the premise that the sexual relationship was consensual, has convicted the accused of offence punishable under Section 417 of the IPC on the premise that the prosecutrix was induced to consent to sexual relationship due to false promise of marriage. It is axiomatic that if the consent is vitiated due to a promise which was never intended to be honoured and which constitutes offence of cheating, the acquittal of the accused of offence punishable under Section 376 of the IPC is debatable. However, neither the State nor the prosecutrix has challenged the acquittal of the accused of offence punishable under Sections 366 and 376 of the IPC.