Chennai: Man acquitted of cheating woman with marriage

CHENNAI: The Madras High Court has acquitted a man convicted of cheating a woman on the promise of marriage, observing that a relationship that turned sour could, at best, amount to a breach of promise and that deception must be established at the inception of the relationship to sustain a cheating charge.

A woman had filed a complaint against her aunt's son, whom she alleged to be in a relationship with since October 2011. The couple allegedly had sexual intercourse on the promise of marriage, but the man had refused to marry her in 2014.

Police registered a case under Section 376 of the Indian Penal Code (IPC) and filed a final report before the XVI Metropolitan Magistrate, Chennai. The trial court framed charges under Sections 376 and 417 IPC and sentenced him to one year of simple imprisonment, besides imposing a fine of Rs 50,000. It also ordered three months of simple imprisonment in default of payment.

Challenging the conviction, the man's counsel argued before the High Court that the physical relationship had developed out of their close acquaintance and mutual affection, rather than a false promise of marriage. The subsequent breakdown of the relationship did not amount to cheating, the counsel contended.

Justice Sunder Mohan, hearing the appeal, noted that the woman and the man were closely related, had been in a romantic relationship since 2011 and had maintained a continuous physical relationship. The evidence indicated that their relationship was based not merely on the alleged promise of marriage but also on mutual love, the court observed.

The court held that the evidence did not establish deception from the outset. Consequently, the conviction under Section 417 IPC for cheating could not be sustained.

Setting aside the trial court's judgment dated October 22, 2018, the High Court acquitted the appellant of the cheating charge and allowed the criminal appeal. It also directed that the fine amount already paid as compensation to the woman should not be recovered from her.