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Criminal LawSupreme Court of India

Tilak Raj v. State of Himachal Pradesh

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 13 of 2016)Decided 6 Jan 2016
Criminal Appeal No. 13 of 2016
Chief Justice T.S. Thakur · Justice V. Gopala Gowda

Background

The appellant was accused of raping a woman on the false pretext of marriage and threatening her when she tried to report the matter to police. The trial court acquitted him of all charges, giving him the benefit of doubt. On the State's appeal, the High Court of Himachal Pradesh upheld his acquittal on the rape charge but convicted him instead for cheating and criminal intimidation, releasing him on probation rather than imposing a sentence. The appellant then appealed that conviction to the Supreme Court.

Decision Breakdown

The Supreme Court examined the evidence and found the prosecutrix's account unrealistic given that she was roughly 40 years old, had been in an ongoing relationship with the appellant for two years, and had allowed him to stay overnight, indicating the sexual relationship was consensual rather than induced by deception. The Court held that the essential ingredients of cheating under Section 415/417 IPC and criminal intimidation under Section 503/506 IPC were not proved beyond reasonable doubt, since there was no reliable evidence of fraudulent inducement or a credible threat. It therefore allowed the appeal, set aside the High Court's conviction and sentence, and fully acquitted the appellant of all charges.

Lesson Learnt

A criminal conviction cannot rest on an account that is itself inherently implausible: courts will scrutinize whether the relationship and circumstances between the parties genuinely support an inference of deception or coercion, rather than accepting allegations at face value.

Tilak Raj v. State of Himachal Pradesh – Legal Case Shots | LegalAware