It was alleged that the appellant cheated him through his conduct and that since beginning he had evil intentions. The appellant was convicted by trial court under Section 417/376 of the IPC. He was also sentenced to pay fine amounting Rs. 10 lakhs.
On a mutual agreement, he was living separately from his wife. The victim was well aware of the divorce proceedings before moving in with the appellant. Even the parents of the victim were informed by the appellant about the proceedings of the divorce. He had not concealed any fact with the victim ab out his personal life be it his failed marriage or that he has a daughter. Had there be any evil intention on the part of the accused, he would not have shared about his personal life with her.
Though appellant was honest about the relationship with the victim, he had to change his mind as he realised that his divorce will negatively impact his daughter and it was harm the honour of his family too.
Based on the arguments presented and after carefully perusing the law, the court held that there was no misconception of fact on the part of the appellant, as there is no ingredient of offence within Section 415 IPC.
Honourable judge reasoned that since beginning false promise to marry by the appellant so as to have sexual relations with the victim would have been proved by the prosecution.
The court reasoned that that the promise to marry by the accused was not a promise simpliciter as it was contingent on the dissolution of the first marriage. There was an element of uncertainty since the beginning. The victim consciously took this uncertain risk. And he could not go for the divorce. Hence, the promise to get married, after getting divorce would not amount to cheating.
The court further said that to prove cheating, the prosecution should have proved inducement done to the victim so as to enter into a sexual relationship. Also, that since he had already shared about the unhappy relationship he was in with his wife and about having a daughter, no facts were concealed that could have amounted into deception. The accused was not found guilty under Section 417.
Source: Gaurav Bir Basnet @ Gaurav Basnet vs State of West Bengal Judgment delivered on 25 April 2023
