RAJESH BOYRA Vs. STATE OF M P

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (henceforth 'CrPC'), applicant Rajesh Boyra has filed the instant revision questioning the judgment by which he stands convicted for offence under Section 494 of the Indian Penal Code, 1860 (henceforth 'IPC') and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 500 with default sentence of simple imprisonment for one month.

(2.) The core facts required for judging the correctness of the impugned judgment, are as under:

(3.) Shri Goutam Khetrapal, learned counsel appearing for the applicant would submit that the conviction of the applicant for the offence under Section 494 IPC is. absolutely illegal as the prosecution has miserably failed to prove the fact of second marriage of the applicant with Anshu strictly in accordance with Section 7 of the Hindu Marriage Act, 1955 (henceforth 'the Act, 1955') and the prosecution has also failed to prove contravention of Section 17 of the Act, 1955 which relates to voidness of marriages.