Dr. A.N. Mukerji vs State AIR 1969 ALL 489 (Case Summary)

In a complex case filled with allegations of deceit, manipulation, and breach of trust, the Allahabad High Court in 1968 scrutinized the claims of a woman who was allegedly duped into believing she was lawfully married to the accused, Dr. A.N. Mukerji, resulting in a prolonged illicit relationship. The court had to determine whether the alleged deception amounted to criminal liability under various sections of the Indian Penal Code.

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Facts of Dr. A.N. Mukerji v. State

Smt. Harbans Kaur (petitioner) filed a complaint against Dr. A.N. Mukerji, claiming he had fraudulently made her believe they were married, leading to a long-term sexual relationship.
The alleged “marriage” was said to have occurred through mock ceremonies, including a “moon marriage” and rituals at Kalighat Temple and before Guru Granth Sahib.
Over the years, the prosecutrix claimed to have given Dr. Mukerji substantial amounts of money and jewelry, believing him to be her lawful husband.
Dr. Mukerji denied all allegations, asserting that their relationship was purely social, and any financial transactions were either loans or payments for medical services rendered.

Issues framed

Whether Dr. Mukerji deceived Smt. Harbans Kaur into believing she was his lawfully wedded wife?
Whether Dr. Mukerji cheated Smt. Harbans Kaur of money and jewellery through deception?
Whether the trial judge was justified in adding a charge under Section 417 IPC during the trial despite the initial commitment being under Section 493 IPC only?

Subordinate Court Judgment

The trial court had acquitted Dr. Mukerji of the charges under Sections 493 and 376 IPC but convicted him under Section 417 IPC, sentencing him to one year’s rigorous imprisonment and a fine of ₹75,000, two-thirds of which was to be paid to the petitioner as compensation. The matter was brought before the Allahabad High Court to decide whether the actions of Dr. Mukerji amounted to an offence under Section 417 IPC.

Judgment of Dr. A.N. Mukerji v. State

The case primarily involved the application of Sections 493 (Cohabitation caused by a man deceitfully inducing a belief of lawful marriage), 376 (Rape), and 417 (Cheating) of the IPC.

The Allahabad High Court examined whether the petitioner was indeed deceived into believing she was legally married to Dr. Mukerji. The court noted that the element of deception was common to all charges, particularly under Section 417 IPC, which required proof that the petitioner parted with her property (money and jewelry) under the belief that she was lawfully married to the accused.

The High Court found that while there was evidence of an adulterous relationship, there was insufficient proof that the prosecutrix was deceived into believing she was lawfully married to the accused. The court held that the charge under Section 417 IPC could not stand, as the deception necessary to constitute the offence was not established. The court allowed Dr. Mukerji’s appeal, setting aside his conviction and sentence, and dismissing the prosecutrix’s appeal.

Section 7 of the Hindu Marriage Act 1955, mentions the ceremonies to be performed for a valid marriage i.e. a Hindu marriage may be solemnized in accordance with the customary rites and Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.