IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2492 of 2011 DATE: 25.08.2011 Between: The Public Prosecutor …… Petitioner And K.Venkata Swamy …..Respondent HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2492 of 2004 JUDGMENT : The Public Prosecutor filed this appeal against acquittal of the accused/respondent of the offences punishable under Sections 451, 417, 493 and 376 I.P.C recorded by the lower Court. 2) This case is the result of the alleged promiscuous life of the accused who was an Advocate at Adoni. Even as per the prosecution case, the accused and P.W-1 were indulging in illicit sex for about one and half years prior to registration of this case. According to P.W-1, the accused promised to marry her and made her to agree for sexual intercourse with him and leading promiscuous life thereafter with him. Subsequently the accused married another girl. In the meanwhile P.W-1 had pregnancy and it was aborted. According to P.W-1, she asked the accused to marry her and even asked to tie Mangalasutra to her so that she would continue to live in her own house without interfering with family life of the accused with his married wife. According to P.W-1, her affair with the accused was known even to her parents when they were alive, and it continued even after their expiry. P.Ws 2, 3 and 6 who are relations and neighbours of P.W-1, speak to the illicit relationship between P.W-1 and the accused. The accused denied the entire prosecution case and pleaded not guilty of the charges. P.W-1 having developed illcit intimacy with the accused and continuing the same for one and half years and even after the accused married another girl, appears to have filed this case against the accused with an intention to coerce the accused and with an intention to get her illicit life with the accused formalised and legalised if possible. I do not find any element of cheating in this case. Having voluntarily developed sexual relationship with the accused, P.W- 1 cannot come round and state that the accused started the said relationship promising to marry her. There is no other evidence to show that the accused made any such promise. P.W-1 could have postponed her sexual life with the accused after the accused marrying her in pursuance of the alleged promise of the accused. There is no element of cheating or rape in this case. Having regard to the prosecution allegations and evidence, the lower Court rightly recorded acquittal of the accused. There are no grounds to interfere with the said acquittal in this appeal. 3) Hence, the appeal is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J August 25, 2011 ksh