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Supreme Court of India 2016-01-06 allowed

Tilak Raj vs State of Himachal Pradesh

Bench: 2 — V. Gopala Gowda

In Brief

A 40-year-old mature woman with a two-year relationship with the appellant alleged rape and cheating on false pretext of marriage. The trial court acquitted the appellant, but the High Court partially allowed the State's appeal and convicted him under IPC Sections 417 (cheating) and 506 (criminal intimidation), while upholding acquittal on rape charges and releasing him under probation. The Supreme Court held that the prosecution failed to prove all ingredients of cheating and criminal intimidation beyond reasonable doubt. Given the prosecutrix's age, maturity, prior knowledge of the appellant, and the consensual nature of their relationship, the evidence was neither believable nor reliable. The conviction was set aside and the appellant was acquitted of all charges.

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Criminal Law Appeal Against Acquittal Sexual Offences Cheating and Dishonesty Criminal Intimidation Evidentiary Standards Probation

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