JORAM HRANGKHAWL Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS revision petition is directed against the Judgment dated 19.02.2007 passed by the learned Additional Sessions Judge, West Tripura, Khowai in Criminal Appeal No. 01(1)/2007 whereby, he dismissed the appeal of the petitioner and upheld his conviction under Section 417 IPC.

(2.) THE prosecution case, briefly stated, is that after the death of the mother of the complainant -prosecutrix, the accused developed intimate relation with her by taking advantage of the fact that she was without her mother. It is also alleged that the accused promised to marry the victim and on the pretext that he would get marry to her, he had sexual relations with her. Out of the sexual relations, a child was born. After the child was born, the accused refused to marry the victim and hence, the case was filed. Initially, the committing Court felt that a case under Section 376 IPC was made out and accordingly, the case was committed to the Court of Sessions. However, the learned Sessions Judge held that at best it was a case of cheating and thereafter, sent the case back to the Magistrate. The appellant has been convicted by the Trial Court and his conviction has been upheld. Hence, this revision petition.

(3.) SECTION 417 of the IPC relates to punishment in the case of cheating. Cheating has been defined in Section 415 IPC as follows: - -