However, his failure to cure the girl of hearing impairment amounted to cheating the devotee and the godman was liable to be prosecuted under section 420 of the Indian Penal Code (IPC), the Supreme Court held in a recent judgement.A division bench comprising Justices K T Thomas and M B Shah dismissed the petition filed by the godman Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishwanadha Maharaj challenging the decision of the trial court to take cognisance of the offence as alleged by police.

`If somebody offers his prayer to God for healing the sick, there cannot normally be any element of fraud. But if he represents that he has divine powers and whether directly or indirectly makes another person believe that he has such divine powers, it is inducement referred to in section 415 of the IPC,' Justice Thomas, who wrote thejudgement for the bench, said.

He said, `Anybody who responds to such inducement pursuant to it and gives the inducer money or any other article and does not get the desired result is a victim of the fraudulent representation.'