Supreme Court Partially Upholds Conviction for Cheating, Overturns Miscarriage Charge: Prabhu vs. State of Tamil Nadu (2018)

Date of the Judgment: September 18, 2018
Citation: 2018 INSC 836
Judges: R. Banumathi, J. and Indira Banerjee, J.
Can a man be convicted of cheating for having sexual relations with a woman under the false promise of marriage? The Supreme Court of India addressed this question in the case of *Prabhu @ Kulandaivelu vs. The State of Tamil Nadu*. The court examined whether the accused, who had sexual intercourse with the complainant under a false promise of marriage, could be convicted of cheating and whether the charge of causing a miscarriage without the woman’s consent was valid. The judgment was delivered by a two-judge bench comprising Justice R. Banumathi and Justice Indira Banerjee, with Justice Banumathi authoring the opinion.

Case Background

The case revolves around the appellant, Prabhu @ Kulandaivelu, and the complainant, Tamilselvi (PW-1). The prosecution’s case was that Prabhu, who was related to Tamilselvi, had sexual intercourse with her multiple times in 2003 under the false promise of marriage. As a result, Tamilselvi became pregnant. It was alleged that Prabhu, against Tamilselvi’s wishes, took her to Rudhramoorthy Hospital and forcibly had her fetus aborted. The Trial Court initially convicted Prabhu and his father (who was later acquitted) under Sections 376 (rape), 417 (cheating), 313 (causing miscarriage without consent), and 506(ii) (criminal intimidation) of the Indian Penal Code (IPC).

The Trial Court sentenced Prabhu to ten years of rigorous imprisonment for the offence under Section 376 IPC, one year for Section 417 IPC, ten years for Section 313 IPC, and a fine for Section 506(ii) IPC. On appeal, the High Court acquitted Prabhu’s father of all charges and acquitted Prabhu under Section 376 IPC. However, the High Court upheld Prabhu’s conviction and sentence under Sections 417 and 313 IPC. Prabhu then appealed to the Supreme Court.

Timeline:

Course of Proceedings

The Trial Court convicted the appellant for offences under Sections 376, 417, 313 and 506(ii) of the Indian Penal Code (IPC). The High Court acquitted the appellant under Section 376 IPC but upheld the conviction under Sections 417 and 313 IPC. The appellant then appealed to the Supreme Court against the conviction under Sections 417 and 313 IPC.

Legal Framework

The court considered the following legal provisions:

• Section 415 of the Indian Penal Code (IPC): This section defines “cheating.” It states, “Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to ‘cheat’.” The explanation to this section clarifies that a dishonest concealment of facts is also considered deception.
• Section 417 of the Indian Penal Code (IPC): This section prescribes the punishment for cheating.
• Section 313 of the Indian Penal Code (IPC): This section deals with “Causing miscarriage without woman’s consent”.

Arguments

Appellant’s Submissions:

• The appellant argued that the High Court erred in upholding the conviction under Section 417 of the Indian Penal Code (IPC).
• The appellant contended that the evidence did not establish that the miscarriage was caused without the woman’s consent, as required under Section 313 of the Indian Penal Code (IPC).

Respondent’s Submissions:

• The State argued that the evidence of PW-1 clearly established that the appellant induced her to have sexual intercourse by falsely promising to marry her, thus constituting cheating under Section 417 of the Indian Penal Code (IPC).
• The State maintained that the appellant had forcibly caused the miscarriage of PW-1.

Issues Framed by the Supreme Court

The Supreme Court considered the following issues:

1. Whether the conviction of the appellant under Section 417 of the Indian Penal Code (IPC) is sustainable.
2. Whether the conviction of the appellant under Section 313 of the Indian Penal Code (IPC) is sustainable.

Treatment of the Issue by the Court

The following table demonstrates as to how the Court decided the issues

Authorities

The court did not rely on any previous cases or books in its judgment.

The court considered the following legal provisions:

• Section 415 of the Indian Penal Code (IPC): The court used this section to define “cheating” and determine if the appellant’s actions met the criteria.
• Section 417 of the Indian Penal Code (IPC): The court used this section to determine the punishment for cheating.
• Section 313 of the Indian Penal Code (IPC): The court used this section to determine if the miscarriage was caused without the woman’s consent.

Judgment

How each authority was viewed by the Court?

• The court relied on Section 415 of the Indian Penal Code (IPC) to define cheating and found that the appellant’s actions met the definition.
• The court used Section 417 of the Indian Penal Code (IPC) to uphold the sentence of imprisonment for the offense of cheating.
• The court found that the essential ingredient of Section 313 of the Indian Penal Code (IPC), which is causing miscarriage without the woman’s consent, was not met. The evidence of Dr. Valli (PW-8) showed that PW-1 had consented to the medical termination of her pregnancy.

What weighed in the mind of the Court?

The Supreme Court’s decision was influenced by several key factors:

• The court emphasized the importance of the testimony of PW-1, which established that the appellant had induced her to have sexual intercourse under the false promise of marriage.
• The court relied on the evidence of Dr. Valli (PW-8), which indicated that PW-1 had consented to the medical termination of her pregnancy, thus negating the charge under Section 313 of the Indian Penal Code (IPC).

Logical Reasoning:

The court considered the evidence of PW-1, who stated that the appellant had induced her to have sexual intercourse with him by falsely promising to marry her. This was considered a crucial element in establishing the offense of cheating. On the other hand, the court found the evidence of Dr. Valli (PW-8) to be crucial in determining that the miscarriage was not caused without the woman’s consent. The court emphasized that the essential ingredient of Section 313 IPC was not met, as the evidence indicated that PW-1 had consented to the medical termination of her pregnancy. The court also considered the fact that there was no evidence to connect the appellant with the bleeding and lower abdominal pain PW-1 was experiencing when she arrived at the hospital.

The court’s reasoning was based on a careful consideration of the evidence presented by both sides. The court did not find any alternative interpretations of the evidence that would lead to a different conclusion. The final decision was reached by applying the relevant legal provisions to the facts of the case.

The court stated, “By the evidence of PW-1, the prosecution has established that the appellant herein had induced PW-1 to have sexual intercourse with him by falsely promising her that he will marry her.” The court further observed, “The essential ingredient of Section 313 I.P.C. is that “Causing miscarriage without woman’s consent” . But as per the evidence of Dr. Valli (PW-8) consent of PW-1 was taken and, therefore, it cannot be said that the ingredients of Section 313 I.P.C. has been established by the prosecution.” The court also noted, “That apart, as seen from the evidence of PW-8, even when PW-1 was brought to the hospital, she was already bleeding and had lower abdominal pain and there was nothing in evidence to connect that act with the appellant-accused.”

There was no dissenting opinion in this judgment.

Key Takeaways

• A false promise of marriage that induces a woman to have sexual intercourse can constitute the offense of cheating under Section 417 of the Indian Penal Code (IPC).
• To establish an offense under Section 313 of the Indian Penal Code (IPC), it must be proven that the miscarriage was caused without the woman’s consent. If the woman consents to the medical termination of pregnancy, the offense under Section 313 IPC is not established.
• The court emphasized the importance of witness testimony and evidence in determining the guilt or innocence of the accused.

Directions

The Supreme Court ordered that the appellant be set at liberty forthwith unless his presence is required in connection with any other case.

Development of Law

The case clarifies that a false promise of marriage leading to sexual intercourse can be considered cheating under Section 417 of the Indian Penal Code (IPC). It also establishes that for an offense under Section 313 of the Indian Penal Code (IPC) to be made out, the miscarriage must be caused without the woman’s consent.

Conclusion

In summary, the Supreme Court partially allowed the appeal, upholding the appellant’s conviction under Section 417 of the Indian Penal Code (IPC) for cheating, while overturning the conviction under Section 313 of the Indian Penal Code (IPC) for causing miscarriage without consent. The court emphasized that the evidence of the complainant established the false promise of marriage, while the evidence of the doctor showed that the miscarriage was done with the woman’s consent.