Tilak Raj Vs. State of H.P.
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Head Note
Indian Penal Code,1860 - Section 415 , Section 417
Consensual Sex - Prosecutrix a grown up lady aged 40 years alleging that appellant cheated her having sex with her on promise to marry - No evidence against the appellant from which it can be conclusively inferred that there was any fraudulent or dishonest inducement of the prosecutrix by the appellant to constitute an offence under Section 415 of IPC - For conviction of the Appellant for above said offence all the necessary ingredients constituting an offence under the said Section must be proved beyond reasonable doubt - Prosecution has failed to prove all ingredients of the said offence beyond reasonable doubt - Appellant liable to be acquitted.
Indian Penal Code,1860 - Section 415
Cheating - Ingredients - (i) there should be fraudulent or dishonest inducement of a person by deceiving him; - (ii)(a) the person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property; or (b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and -(iii) in cases covered by (ii)(b), the act or omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property.
Topic(s)-Cheating - Consensual Sex - Case not made out - Acquittal