GUWAHATI: The Gauhati High Court recently acquitted a man previously convicted under Section 417 of the Indian Penal Code (IPC) for allegedly deceiving a woman with a false promise of marriage.
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The verdict was delivered by Justice Arun Dev Choudhury after the petitioner challenged the orders of the Chief Judicial Magistrate, Morigaon, and the Sessions Judge, Morigaon, both of which had upheld his conviction.
The case originated from a complaint filed by a woman who claimed she had been in a relationship with the accused since 2004-05. She alleged that he had promised to marry her, engaged in a physical relationship, and pressured her to undergo an abortion. On January 30, 2008, the accused further refused to marry her, leading to the filing of the case.
Based on these allegations, the Chief Judicial Magistrate, Morigaon, convicted the accused on December 14, 2010, sentencing him to one year of simple imprisonment and a fine. The conviction was later upheld by the Sessions Judge, Morigaon, on April 9, 2012.
In its ruling, however, the court stated that a mere refusal to marry does not amount to cheating unless it meets the criteria under Section 90 IPC, which pertains to consent obtained under a misconception of fact.
The court noted that the prosecution failed to provide evidence showing the accused had no intention to marry the complainant from the outset. It also highlighted that both individuals were consenting adults in a long-term relationship, and there was no proof that her consent was obtained through fraudulent means.
Concluding that the prosecution did not establish fraud at the inception of the relationship, the court set aside the conviction, acquitted the petitioner, and discharged his bail bond. It also directed the compensation of the Amicus Curiae as per legal aid norms.