HARBANS KAUR Vs. P C CHATURVEDI

JUDGEMENT

(1.) Harbans Kaur (appellant herein) filed in the court of a magistrate at Calcutta a complaint against Dr. A. N. Mukerji charginghim with committing offences under S. 417, 493, 494, and 376, Indian penal Code. The case was transferred by order of this court for trial to the court of Session at Varanasi.

(2.) It was the case of the complainant that she developed intimacy with dr. Mukerji and that she went through a ceremony of marriage by the side of a lake at Calcutta ; that Dr. Mukerji persuaded her to believe that it was a valid marriage "in the presence of the moon and that she had become properly his married wife", that thereafter she lived occasionaly with Dr. Mukerji as his wife and that she was persuaded on diverse occasions to part with property which in the aggregate was of the value of Rs. 7,00,000. 00. The complainant said that Dr. Mukerji had taken from her jewellery of considerable value, that later the relations between her and Dr. Mukerji worsened and they drifted apart, and that she realised that she had been deceived into going through the ceremony of marriage and that she was made to part with property of considerable value fraudulently and dishonestly. Dr. Mukerji admitted that he knew the complainant, but he denied the story of the complainant about "the marriage" or of any deception practised upon her or that she had given him property of the value of rs. 7,00,000. 00, or any amount.

(3.) The learned Sessions Judge acquitted Dr. Mukerji of all the charges except the charge under Section 417, I. P. Code. For the offence under section 417, Dr. Mukerji was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 75,000. 00. Dr. Mukerji appealed to the High court of Allahabad against the order of conviction and sentence. The trial before the High court of Allahabad lasted several days. Mr. P. C. Chaturvedi an Advocate of the High court argued the case on behalf of Dr. Mukerji at considerable length. It is the case of the complainant that : (1) in the course of his argument Mr. Ghaturvedi used "filthy and abusive language" not befitting a lawyer, and that he made abusive references to the complainant and the Judges did not give her any protection ; (2) that Mr. Chaturvedi made obscene gestures in court ; (3) that he said that the complainant had many men friends and was used to indiscriminate sexual intercourse with several persons and one of such persons was Dr. Mukerji ; (4) that in the course of his arguments Mr. Ghaturvedi recited some Sanskrit verses depicting the debased character of women in general; (5) that he suggested that the complainant was a "corrupter of society" ; and (6) that he made gestures and vulgar jokes when he has addressing the court and all. those who were present in court roared with laughter and even the Judges joined in-that laughter.