Allowing an appeal by the man, Justice M Sathyanarayanan set aside his conviction and punishment after he agreed to deposit Rs 50,000 in the name of the boy born to them in 2000 and bear his expenses till he attained the age of 18.
The criminal appeal was filed in the principal seat of the high court in Chennai in 2003 and transferred to the bench here the next year.
The man was booked under IPC 417 (punishment for cheating) after he did not honour his promise to marry the woman after having consensual sex.
A sessions court convicted him for cheating and imposed a year of rigorous imprisonment besides ordering a compensation of Rs 25,000.
The high court had suspended the sentence while admitting the appeal. During the pendency of the appeal, he married another woman and the couple had three children.
The convict agreed to bear the expenses towards educational and other needs of the boy, now 15, till he was 18.
Following this, the judge set aside the conviction as well as sentence, but warned that the man might have to face contempt of court proceedings if he failed to abide by the undertaking given by him to the court.
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