Andhra Pradesh High Court Upholds Acquittal in Deceitful Marriage Case

Essential Ingredients of Fraudulent Intention Not Established, Says Court

In a significant ruling, the Andhra Pradesh High Court, presided over by Justice T. Mallikarjuna Rao, upheld the acquittal of Malla Visweswara Rao Kasi and others in a case involving alleged deceitful marriage and miscarriage. The appellate court reaffirmed the decision of the Sessions Court, Vizianagaram, which had earlier acquitted the accused due to insufficient evidence proving deceit or fraudulent intention under Sections 493, 496, and 313 of the Indian Penal Code (IPC).

The prosecution had appealed against the acquittal, asserting that the accused had deceitfully induced the complainant to believe in a lawful marriage, leading to cohabitation and subsequent termination of pregnancy. The Sessions Court, however, found no evidence of deceit or fraudulent intent at the time of the marriage ceremony or during cohabitation.

The case centered around the relationship between the complainant, a pharmacy diploma holder, and the first accused (A1), who was unemployed at the time. The complainant alleged that A1 had promised marriage, leading to an intimate relationship. The alleged marriage took place in a choultry at Simhachalam Devasthanam, followed by the termination of the complainant's pregnancy, purportedly arranged by A1.

During the trial, the court examined several witnesses, including those present during the alleged marriage ceremony. The Sessions Court concluded that while a marriage ceremony did occur, there was no evidence of fraudulent intent or deceit by A1 to mislead the complainant into believing in a lawful marriage.

The High Court highlighted the importance of the presumption of innocence in criminal cases, emphasizing that the prosecution must prove guilt beyond reasonable doubt. It noted that in cases of acquittal, appellate courts must adhere to the plausible view taken by the trial court unless there is a manifest illegality or perversity in the judgment.

Citing precedents from the Supreme Court, the High Court underscored that mere suspicion or the possibility of another view is insufficient to overturn an acquittal. The court reiterated that the evidence must demonstrate a deliberate intent to deceive, which was absent in this case.

The judgment reaffirms the principles of criminal jurisprudence, emphasizing the need for concrete evidence to establish the essential ingredients of deceit and fraudulent intention in cases of alleged deceitful marriages.

Bottom Line:

Acquittal in criminal case upheld - Essential ingredients of deceit or fraudulent intention under Sections 493 and 496 IPC not established - Evidence must prove guilt beyond reasonable doubt, and in cases of acquittal, appellate court must adhere to presumption of innocence and plausible view taken by trial court.

Statutory provision(s): Sections 493, 496, 313, 417, 376, 114 of IPC; Sections 378, 228, 313, 384 of Cr.P.C.

State of A.P v. Malla Visweswara Rao Kasi, (Andhra Pradesh) : Law Finder Doc id # 2802800