R SUBRAHMANYAM REDDY Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case is filed against the judgment rendered by the Court of I Additional District and Sessions Judge, Chittoor dated 1-11-1994 rendered in Criminal Appeal No. 51/93 confirming the conviction recorded by the Court of I Additional District Munsif, Madanapalle, in CC No. 1/93 for the offence of cheating under Section 415 read with Section 417 of IPC. The petitioner and the 2nd respondent came in contact with each other while studying in VCR Government College, Palmaner and they fell in love. They moved freely and because of the confidence reposed by the petitioner, the 2nd respondent submitted to his desire to have physical contact with her and they did have the said physical contacts several times. The 2nd respondent submitted herself to the petitioner as the petitioner had promised her to marry and he not only promised the 2nd respondent but also pursued further by asking the mother and uncle of the 2nd respondent. The 2nd respondent was now under the bona fide impression that the petitioner would marry her and lead a happy married life and had no iota of doubt about that. But, it was not to be, as after some time, the petitioner desired to marry one Saraswathi daughter of Narayana Reddy of Agraharam village. The protests of the 2nd respondent went unheeded and were to of no avail. Ultimately, the petitioner had succeeded in marrying Saraswathi leaving the 2nd respondent in lurch. The 2nd respondent had then prosecuted the petitioner and the same was tried in CC No.1/93 by the Court of the I Additional Munsif-cum-Judicial First Class Magistrate, Madanapalle and by judgment dated 30-3-1993, the Court of I Additional Munsif found the petitioner guilty of the offence of cheating under Section 415 read with Section 417 IPC and sentenced him to undergo rigorous imprisonment for one year and also to pay a fine of Rs.100/- and in default of payment of fine to undergo SI for one month. THIS was appealed in Criminal Appeal No. 51/93 on the file of the Court of the I Additional District and sessions Judge, Chittoor and by judgment dated 1-11-1994, the I Additional District & Sessions Judge while confirming the conviction, has reduced the sentence of imprisonment to six months and enhanced the fine to Rs.41,000/- and in default to suffer SI for three months. Out of the said sum of Rs.41,000/-, the Sessions Judge had ordered payment of Rs.40,000/- to the 2nd respondent while remaining amount of Rs. 1000/- was to go to the State.

(2.) THIS case underwent several adjournments. In fact, at the first instance, it came up before me when the 2nd respondent filed impleadment petiton and invoking my inherent powers under Section 482 Cr.P.C. I had allowed the same. That is how she was impleaded as respondent No.2 Ms. Annapoorna, learned counsel appeared for the 2nd respondent. THIS matter underwent adjournments and finally to-day, it is concluded. Concurrent finding of facts with regard to the guilt of the petitioner cannot be interfered. I do not see any perversity in the judgment of the court-below in believing the case of the prosecution and recording conviction against the petitioner. Offence against him committed under Section 415 EPC and punishable under Section 417 IPC for cheating respondent No. 2 is amply made out. The respondent No. 2 lost her father and it is stated that her mother is also in helpless condition. She has got no other to depend upon. It is stated that she now works for some organisation imparting education to kids and gets between Rs. 300/- and 400/- per month. That may not be sufficient for herself and her mother to sustain. The petitioner has married another lady and begot children while the 2nd respondent is still in the state of disgustment in life and remained unmarried. The petitioner is not having any criminal history and hails from a good and respectable family and it is obviously a case in which he was compelled to marry the lady of the choice of his parents. No doubt, there is an element of cheating in not marrying 2nd respondent while moving freely with her and having physical union, but the compelling circumstances under which he married another lady is a mitigating factor. But, I am not inclined to set aside the conviction. Sentence of fine is set aside. Instead of sentence of imprisonment, I am of the considered view that releasing the petitioner on probation on condition of payment of compensation of Rs. 1,00,000. (Rupees one lakh only) to the 2nd respondent will meet the ends of justice. Hence, invoking my power under Section 360 Cr.P.C., I direct the release of the petitioner on probation subject to the condition that he pays compensation of Rs. 1,00,000 (Rupees one lakh only) to the 2nd respondent. To-day, three demand drafts bearing Nos. 433736, 927320 and 838662, dated 18-8-1995, 26-10-1995 and 14-9-1995 for Rs. 25,000/-, 13,000, and 10,000/- respectively are produced before me and still and amount of Rs. 52,000/- (Rupees fifty two thousand only) remains due and payable. The sentence of imprisonment shall be kept in abeyance for a period of three months from to-day. Within the period of these three months, the petitioners shall deposit the balance amount of Rs. 52,000/- to the credit of Criminal Appeal No. 51/93 on the file of the I Additional District and Sessions Judge, Chittoor, by handing over the crossed demand drafts to the said court. It is needless to mention that a bond as required under Section 360 Cr.P.C. has also got to be executed before the court of I Additional District and Sessions Judge, Chittoor, but only on compliance of the deposit of the above amount. If the above amount is not deposited within the above stipulated time, the Court of I Additional District & sessions Judge, Chittoor shall see that petitioner is sent to jail for serving the sentence of imprisonment. If the amount is deposited, then the above court shall take bonds from the the petitioner and on execution of the said bonds, the sentence of imprisonment shall stand suspended. The demand draft for Rs. 10,000- is being handed-over to the 2nd respondent and a stamped receipt there to is obtained. That shall be kept in the record of this court. The demand drafts bearing Nos. 433736, 927320 for Rs. 25,000/- and 13,000/- shall be sent to the Court of 1st Additional District & Sessions Judge, Chittoor by the Registrar (Judicial) in a sealed cover and by registered post acknowledgment due. On receipt of the said amounts, the Court of the I Additional District and Sessions Judge, Chittoor shall deposit the same in a term deposit for 40 months in any nationalised or scheduled bank offering more interest. The amount shall be on account of Ms. M.R.Pratima Reddy, but the receipts of the fixed deposit shall be in the custody of the above court and shall be preserved in a sealed cover in records relating to Criminal Appeal No. 51/93, but separately in Nazarat. The Court of the I Additional District and Sessions Judge, Chittoor shall authorise the bank in which the fixed deposit is to be made, to remit the quarterly interest accrued on the said term deposit into the savings bank account to be opened by Ms. M.R. Pratima Reddy in any bank at Chittor and Ms. M.R. Pratima Reddy shall be entitled to receive the said interest quarterly. The same procedure shall be followed when the balance amount of Rs. 52,000/- is also deposited by the petitioner. After the expiry of the time of the fixed deposit, the 2nd respondent shall be entitled to withdraw the same and utilise as she deems fit an proper. Criminal R.C. is disposed of accordingly.