BHUMPAKA PRAVEEN KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) THIS Criminal Revision Case is filed under Sections 397 (2) and 401 Cr.P.C, by the petitioner/ accused of C.C No.30 of 2011 on the file of the Judicial First Class Magistrate, Bodhan, Nizamabad District.

(2.) HEARD the Learned Counsel for the Petitioner, the Learned Additional Public Prosecutor for the Respondent -State and perused the material placed on record.

(3.) IT is in fact the police filed charge sheet dated 29.01.2011 after completion of investigation against the accused from the report of the victim/ de facto complainant based on the crime registered as FIR No.106 of 2010 dated 04.05.2010 for the offences under Sections 420 and 493 IPC, from the averments that there was a love affair between the de facto complainant and petitioner/ accused since 1st year intermediate in Vijetha Junior College, Bodhan from the year 2006. He promised to the de facto complainant to marry her alone and none else, there from both decided to marry and they also went for Mancherial and stayed for three days and the accused was also asked the parents of the victim to give consent for marrying her. However in saying he has contacted his parents for performing the marriage with the victim for which they rejected and there from to avoid delay, both decided to go somewhere and get marriage. Accordingly on 14.03.2010 they went to temple of goddess Durga at Ramakrishna Beach, Visakhapatnam and got married from the accused tied the tali around neck of the victim in so declaring and thereafter they stayed in a rented room as husband and wife and joined to work in cell point at Visakhapatnam and stayed there for 1 month and lead conjugal life, that later they came back and taken a rented premises at Indrapur near to the house of her sister and brother -in -law where he stated that he would met his parents for convincing them and return back. However he failed to return and for her telephone calls replied stating that as if he does not know her and never married her. Under the guise of love affair and pretence of marriage he deceived her and enjoyed her sexually. Therefrom she lodged report with police to take action and it is pursuant to it the crime was registered and investigated and the final report was filed against the accused in the form of Charge sheet under Section 173 Cr.P.C for the offences under Sections 420 and 493 IPC and the same was taken cognizance by the learned Magistrate. It is after appearance of the accused and after hearing the prosecution and the accused while framing charges, the learned Magistrate passed the impugned order dated 05.08.2014 by accepting the prosecution contention through the learned public prosecutor that the offence attracts the definition of clause 4 of Section 375 IPC by virtue of the so called consent obtained by deceiving and misrepresenting the victim which is not a consent in the eye of law under Section 90 of IPC to say the said offence is punishable under Section 376 IPC and not mere Section 420 IPC and also by placing reliance on the expression of the Apex Court in State of UP vs. Naushad, 2014 1 ALD(Cri) 634. Thereby as the offence under Section 376 IPC is triable by Court of Sessions, passed the impugned order for committing the case under Section 209 Cr.P.C.