Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.291 of 2000 AGAINST THE JUDGMENT OF CONVICTION DATED 15TH JULY, 2000 AND ORDER OF SENTENCE DATED 18TH JULY, 2000 PASSED IN SESSIONS TRIAL NO.313 OF 1998 BY SHRI DEVI DAYAL PRASAD, 3RD ADDITIONAL SESSIONS JUDGE, DARBHANGA =========================================================== 1.Md. Ataur Rahman, son of Md.Salim 2.Md. Salim , son of Md. Deelan, both are residents of village Loam, Police Station-Sadar, District-Darbhanga .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellant/s : Mr. Pankaj Kr. Das, Advocate Mr. Vijay Shankar Shrivastava Mr. A.K.Singh For the State : Mr. Jharkhandi Upadhyay, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Date: 10-07-2012 Sheema Ali Khan, J. This appeal arises out of judgment of conviction dated 15th July, 2000 and the order of sentence dated 18th July, 2000 passed in Sessions Trial No. 313 of 1998 by the 3rd Additional Sessions Judge, Darbhanga whereby the Trial Court has found and held the appellant, Md. Ataur Rahman guilty for the offences punishable under Section 417 and Section 4 of the Dowry Prohibition Act whereas, appellant Md. Salim has been found and held guilty for the offences punishable under Section 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for one month and to pay a fine of Rs. 500/- each, in default to undergo Patna High Court CR. APP (SJ) No.291 of 2000 dt.10-07-2012 2 / 5 2 simple imprisonment for seven days. 2. Husna Bano, P.W.4 gave a fardbeyan alleging that Md. Ataur Rahman made a promise to marry the victim, and thereby entered into a sexual relationship with her, which resulted in her conceiving a baby. When she asked Md. Ataur Rahman, to fulfill his promise by marrying her, he refused to do so, and got the baby aborted in the clinic of Dr. Suniti Sinha. The family members called a panchayati. In the panchayati, the appellants demanded a sum of Rs. 50000/- as dowry, which led to the institution of the present case. 3. Altogether seven witnesses have been examined in this case on behalf of the prosecution. P.W.1, Md. Isha, who is the member of the Panchayat has supported the demand of dowry. 4. P.W.2 Nazuk Khatoon @ Nazo Khatoon is the mother of the informant who states that there was a relationship between her daughter and Md. Ataur Rahman. Although she did not attend the Panchayat, she supports the case of demand. 5. P.W.3, Md. Budhan is the father of the informant, who says that he came to know of the relationship of Ataur Rahman with his daughter from his wife. He also supports the demand of dowry. 6. P.W.4, Husna Bano is the informant of this case she claims that Md. Ataur Rahman had a sexual relationship with Patna High Court CR. APP (SJ) No.291 of 2000 dt.10-07-2012 3 / 5 3 her, when she protested, Md. Ataur Rahman promised to marry with her. After she became pregnant, Md. Ataur Rahman refused to marry her and thereafter a panchayati was called by her father, in which Md. Ataur Rahman and his father made a demand of Rs. 50,000/-. It is said that she was taken to the clinic of Dr. Suniti Sinha, where the baby was aborted. 7. P.W.5, Dr. A.R.K. Prasad examined P.W.4, Husna Bano, the informant, on 16.05.1997. He assessed her age about 18-19 years and confirms that there were features of pregnancy and expulsion of the product of conception few weeks earlier. The report was prepared on his instruction and the reports bears the signature of P.W.5. The report has been proved and marked as Exhibit 2. According to him the X-ray report is by private doctor. In cross-examination, he admits that the X-ray was not done at the D.M.C.H. but was done by the private doctor in a private clinic, the Doctor who prepared the report has not been examined. 8. P.W.6 Ganga Sahni has proved the Exhibit 3, the signature on the First Information Report and has also proved filing writing of fardbeyan which is Exhibit 4. 9. The Investigating Officer Maheshwar Prasad Singh has been examined as P.W.7. He supports the prosecution case. Patna High Court CR. APP (SJ) No.291 of 2000 dt.10-07-2012 4 / 5 4 10. The Court after examining the witnesses has come to the conclusion that no case is made out under [STATUTE] , on the other hand it has held that a case is made out under [STATUTE] . The allegation of cheating involves an element of deceit so that the person effected does an act which he/she would not have otherwise done. The punishment for cheating is maximum period of one year along with fine or with both. The Trial Court has come to the conclusion that the girl was deceived into entering into a relationship with Md. Ataur Rahman and has thus convicted him for a period of one month and a fine of Rs. 500/- under Section 4 of the Dowry Prohibition Act. A compromise petition was filed after taking permission of the court which was allowed. 11. Under the circumstances, the Trial Court could not have convicted the appellants under [STATUTE] . This Court, therefore, sets aside the conviction under [STATUTE] . As far as under Section 4 of the Dowry Prohibition Act is concerned, this Court finds that the appellant no. 1 has remained in custody for three years and appellant no. 2 has remained in custody for 12 days. 12. Considering the entire facts that the fact that a compromise petition was filed for compromising the entire case, this Patna High Court CR. APP (SJ) No.291 of 2000 dt.10-07-2012 5 / 5 5 Court finds that the period undergone would meet the ends of justice. 13. This appeal is, therefore, dismissed with the modification in the sentence as already undergone. The appellants are discharged from the liabilities of the bail bonds furnished earlier in this case. Vats/- (Sheema

Applicable IPC Section: 417

Statute Text:
Section 417 of the Indian Penal Code. Cheating. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.