Anonymous
11 April 2011 at 18:40
UNDER WHICH SECTION OF C.R.P.C ACCUSED SURREDER BEFOR COURT WHEN OFFENCE IS REGISTER AGAINST HIM
Anonymous
11 April 2011 at 18:29
Section 417 Indian Penal Code
Posted on 08 April 2011 by Guest
Court
SC
Brief
The facts of the case have been stated in the impugned judgment of the High Court and the trial court and we are not repeating the same except where necessary.
Citation
K. P. Thimmappa Gowda Versus State of Karnataka
Judgement
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1499 OF 2004
K. P. Thimmappa Gowda .. Appellant
-versus-
State of Karnataka .. Respondent
J U D G M E N T
MARKANDEY KATJU, J.
1. This appeal has been filed against the impugned judgment dated 17.9.2004 passed by the High Court of Karnataka in Criminal Appeal No. 149 of 1999.
2. The facts of the case have been stated in the impugned judgment of the High Court and the trial court and we are not repeating the same except where necessary.
3. The trial court had acquitted the appellant in the criminal case, but the High Court reversed the judgment and convicted the appellant under Section 2376 IPC and sentenced him to imprisonment of 7 years and a fine of Rs. 10,000/-, and also sentenced him to imprisonment of 1 year under Section 417 IPC and a fine of Rs. 10,000/-, both sentences to run concurrently.
4. The case of the prosecution is that on 4.1.1996 the appellant raped one Rathnamma aged 18 years, but he assured her that he would marry her and asked her to keep quiet. It is alleged that subsequently also the appellant had sex with Rathnamma several times and assured her that he would marry her. Rathnamma became pregnant, but the appellant refused to marry her. Hence an FIR was registered in the police station on 4.1.1996 against the appellant under Section 376 IPC.
5. In the trial court the appellant contended that Rathnamma was 20 years of age at the relevant time and she had admitted in her cross-examination that she had sexual intercourse with the appellant nearly 100 times. It was submitted that this showed that she was a consenting party and hence no case under Section 376 IPC is made out against the appellant. Rathnamma's mother Gowramma PW-11 stated in her evidence that Rathnamma was 18 years of age. Hence she was above 16 years of age and there could be no rape since there was consent.
6. The trial court accordingly held that there was no rape as Rathnamma was above 16 years of age and had consented to the act. Subsequently Rathnamma gave birth to a female child on 25.1.1996.
7. The trial court held that the version of Rathnamma that the appellant gagged her mouth and raped her is not believable. The fact that her child was born on 25.1.1996 means that the conception was in the month of April, 1995. This was disclosed to her parents somewhere in the month of July or August in 1995 and there was a Panchayat which failed.
8. The complaint was filed on 4.1.1996 i.e. just a few days before the birth of the child and not when the sexual act had taken place. Thus there was a delay of over months in filing the complaint which has not been properly explained.
9. For the reasons given above, the trial court disbelieved the prosecution version and acquitted the appellant.
10. In the appeal filed by the State Government the High court reversed the finding of the trial court and held that the appellant had raped Rathnamma and had promised to marry her. It was observed that since the accused had given the impression that he would honour his promise of marrying her, this fact was not disclosed by her to anybody, including her mother.
11. Admittedly, the appellant has married another woman. We are of the opinion that the appellant deserves the benefit of doubt because on careful consideration of the evidence on record, it cannot be said that the prosecution has been able to prove its case beyond reasonable doubt.
12. In criminal cases, the rule is that the accused is entitled to the benefit of doubt. If the court is of the opinion that on the evidence two views are reasonably possible, one that the appellant is guilty, and the other that he is innocent, then the benefit of doubt goes in favour of the accused.
13. In the present case, the facts are that Rathnamma herself stated in her evidence that she had sex with the appellant on several occasions. It is also an admitted fact that the FIR against the appellant was lodged just a few days before the birth of Rathnamma's child, which means there is delay of over 8 months in lodging the FIR. The finding of the trial court, which has not been disturbed by the High Court, is that Rathnamma was about 18 years of age at the relevant time. On these facts a view is reasonably possible that Rathnamma had sex with the appellant with her consent and hence there was 5no offence under Section 376 IPC because sex with a woman above 16 years of age with her consent is not rape.
14. For the reasons given above, the appeal is allowed. The impugned judgment and order of the High court is set aside
15. Apart from the above, the appellant has stated in an affidavit filed in this Court that he has agreed to transfer two acres of land situated in Palavanahalli due to breach of promise to marry Rathnamma and she has given her consent to accept the same.
16. The appellant is directed to give/transfer two acres of land as stated in the affidavit filed before Court to Rathnamma within three months from the date of this judgment.
Question :
1) as it was a case u/s 417 (cheating) so can we say that point no. 16 exemplary cost is awarded by the court ?
2) as per point no. 3 the amount mentioned as a fine should be deposited in the goverment treasure which is not refundable right but what is the time limit ? also any fine imposed by the court but not mentioned in the judgment that till when the fine should be deposited than what will be the time limit asper IPC.
3)also as per point no. 3 it has been mentioned in the judgment that (both sentences to run concurrently) so the convicted will go for 7 years as a imprisonment & after completing the 7 years he will again go for 1 year imprisonment right or wrong pls explain me with the illustration as per this case law which has been posted above.
4)in the begining of the judgment it has been mentioned (CRIMINAL APPEAL NO. 1499 OF 2004) so it means the case no 1499 of the year 2004 right but where it has been said that u have to mentioned or right that it is a this no of case in that particular year. so if the year 2005 arise & the 1/1/xxxxx the judgment give by the SC judge will be 1 of 2005 right ? also this no's are written when the case s heard or when the case is closed after the final hearing & the judgment is given.
5)at last it has mentioned
................................J. (Markandey Katju)
................................J. (Gyan Sudha Misra)
so it is a judge name & if yes that it is a divisional bench judgment right because no were it has been mentioned that it is a divisonal bench judgment or full bench ?
6)as i have heard that ifthe judgment shows the fine amount than it is a decree other wise it is a judgment to became a decree the judgement copy should show the fine amount is it right ? if wrong than how to know that it is a judgment copy or a decree copy ?
Thanks do give me the answer do request
Anonymous
11 April 2011 at 17:47
hi can i know in detail wht is section 156/3 and also is there any special domestic violence act if yes wht is it
Anonymous
11 April 2011 at 16:49
I recently heard from a friend that now onwards accused u/s 138 will have to deposit 10% of the total amount in question to the court which will be non-refundable. is this true? they say that there is also some ruling of Supreme Court on the same recently. Can someone please give me reference of that judgement please? I want to read that.
Anonymous
11 April 2011 at 12:40
Hi Expert,
My father is in JC since Aug,2010.In Sept,Delhi High Court has ordered CBI to file the status report within four weeks.But they didn't. Recently on 10th March,the bail application was again not heard as the CBI/State was not ready with their files.(Also for bail Hima Kohli said that 7 months is not sufficient for bail.) Delhi High Court gives the date of July,2011 and also given final opportunities for 2 weeks to CBI to file the status report with the copy to the other side.But CBI has still not filed the status Report yet again.
We are two brother and sister which are of Marriageable age now(both around 25 years old).
We have seen a perfect match for my sister last year in July but in August we have to go undergo this tragedy.Since then we are trying to hold the Groom side but now they don't want to wait till July.So now her would be in laws want to meet my father to fix the marriage asap. Also we don't want that they should came to know that our father is in JC. Its so embarrassing and you can understand no good family in our Indian society will give their son or daughter to a family in which the father is in JC. So is there any chance that we can get Interim Bail from the High Court for atleast two weeks giving the reason that the both son and daughter of the appellant are of marriageable age and so and so.
We have applied for Interim Bail in 4 Nov,10 for the same but Hima Kohli said 2 months is not sufficient. In 2011 we have not applied any Interim bail yet.
Also from 18 April roaster is getting changed and may be Ajit Bharihoke or Mukta Gupta will take over.(Hima Kohli will get shifted to civil cases).(Our case is Criminal-banking frauds).We don't want to specify the name and address of the Groom side as we don't want that High Court may get it verified from CBI and CBI or local police may go to their home and pour all the secrets that we are hiding since a long time
So is there any chance we can get the Interim Bail for atleast 2 weeks in this scenario without verification.
Anonymous
11 April 2011 at 10:32
respected sir,
can the victims family/lawyer get the fsl report of pistol in a murder case if yes then how? if not then how can they check the loyality of documents
Anonymous
11 April 2011 at 09:20
we reached a settlement in mediation centre to end the 498A case filed by my wife at zero alimony as I was not ready to pay anything and my wife was to eager to get divorce. I told them that unless the the case continues I will not let divorce happen. Their demand was initially 10L and gold then they ultimately agreed for zero and we signed a memorandum in mediation centre that says that 498A shall be quashed and all parties shall withdraw any other civil or criminal cases against each other.
The Memorandum states that the divorce shall be effective today and we shall apply to the family court for a formal decree of divorce mutually on the date fixed in the memorandum.
The mediator said that 6 months time is not required when this has been agreed in mediation and once we file petition divorce would be granted immediately. Is is the case as I have heard that there is a six months waiting for second motion.
Anonymous
11 April 2011 at 05:03
Fir 498a file against me and my family .
1 year of speration not yet completd.
What agreement couple can enter for withdrwal of FIR and agreement to apply for mutal divorce after 5 month
When should be payment made to wife. Is it possible for her to file fir again after taking money and signing agreement.
Would aggrement be applicaltion of mutal divorce be vaild.
What is nature of this sort of agreement.
Anonymous
11 April 2011 at 01:07
In a petition under Section 127 Cr.P.C. filed by the 2nd Party/Husband for alteration of maintenance allowance on the ground that, the younger daughter is in his custody since land 6 months. The second party got second married after deserting the 1st Party/wife and presently the 2nd party living with his second wife separately. The 1st Party/wife submit written objection alleging that, in the month of October 2010 the 2nd party/husband took her both daughter for marketing with a promise to return them next day but the 2nd party did not do so and confine both daughter in his house illegally and refused to return them to the 1st party. The first party issued legal notice directing to return them but the Second party did not reply the same. Thereafter some day ago the elder minor daughter fled away from the custody of the 2nd party and presently under the care & custody of the 1st party. But the younger minor daughter of the 1st party still under the custody of the 2nd party.
I am standing for the 1st Party/Wife>
In this situation'
1. Whether the 1st party filed a separate petition under Section 97 of the Cr.P.C. for issue search warrant to recover the younger minor daughter from the custody of the 2nd party in the same proceeding under Section 127 of Cr.P.C. ?
2. Whether any other relief available to the 1st party to recover her younger minor daughter from the custody of 2nd party ?
3. Whether the in this situation the monthly allowance is alter by the Court ?
4. can you provide me any reference of case laws ?
Mr. Kunal Sarkar,
Advocate,
Bongaigaon, Assam
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Arising out of SLP (Crl.) 842 of 2006
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1528 OF 2005
Chandran @ Manichan @ Maniyan ... Appellant
Versus
State of Kerala ... Respondent
with
Criminal Appeal No.1530 of 2005
Manikantan @ Kochani ...Appellant
Versus
State of Kerala & Anr. ...Respondents
With
Criminal Appeal No.1531 of 2005
Manoharan ...Appellant
Versus
Kerala State Rep. Public Prosecutor ...Respondent
With
Criminal Appeal No. 1532 of 2005
Vinod Kumar @ Vinod ...Appellant
Versus
State of Kerala ....Respondent
With
Criminal Appeal No. 864 of 2011
[Arising out of SLP (Crl.) 842 of 2006)
Suresh Kumar @ Suresh ...Appellant
Versus
State of Kerala ...Respondent
Question :
1)as we know that there are so many appellant cant we write the name as
Chandran @ Manichan @ Maniyan ,Manikantan @ Kochani ,Manoharan , Vinod Kumar @ Vinod ,Suresh Kumar @ Suresh ...... Appellant &
State of Kerala & Anr. ...... respondent .
2) also what is the meaning of 9Kerala State Rep. Public Prosecutor ) not understood readed & seen this type words first time under the judgment.
3) as it is a criminal appeal why it has mentioned applicnt & respondent ? because it comes under the civil & not under the criminal cases & this is though appeal before the SC so why it has been written not understood ?
4)as we read the brief para on starting of the judgment known as a (Brief)
Brief
All the accused-appellants stood convicted by the Sessions Judge, Kollam by its judgment dated 16.7.2002 for various offences punishable
so that all th accused-appellant stood convicted by the SJ dated 16.7.2002 so why this many number & also on different year
CRIMINAL APPEAL NO. 1528 OF 2005
Criminal Appeal No.1530 of 2005
Criminal Appeal No.1531 of 2005
Criminal Appeal No. 1532 of 2005
Criminal Appeal No. 864 of 2011
[Arising out of SLP (Crl.) 842 of 2006)
because if we see that they have made an appeal to the SC undestood that there should any one appela no of that year so why this many number as all the accused are convicted at the same time in the same case ? can we say as per [Arising out of SLP (Crl.) 842 of 2006)the appeal & SLP are mergered ?
so solve this huge problem which i am confused.
Thanks.