BHASKAR ROHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present criminal appeal filed under Sec. 374(2) of the Cr.P.C. has been preferred by the appellant being aggrieved by the impugned judgment dtd. 1/2/2016 passed in Sessions Trial No. 04/2015 by the learned Session Judge, District Dhamtari, whereby the appellant has been convicted under Sec. 497 of Indian Penal Code and sentenced 04 years of rigorous imprisonment with fine of Rs.100.00 and in default of fine amount additional rigorous imprisonment for one month.

(2.) Brief facts of the case are such that on 10/1/2015 prosecutrix has lodged a report against the appellant alleging that six years ago the appellant has married her in a secret manner on the pretext that when her younger sister will get married at that time he will marry her again by following proper rituals and customs. But in her report she alleged that even after five years of their marriage the appellant used to avoid her. She stated that from time to time she used to visit the house of the appellant and the family members of the appellant were well conversant about their secret marriage. In those five years of marriage she got pregnant several times but every time appellant used to make her abort the child and asked her to give him one and a half year time to get married in front of his family. Later on she came to know that the appellant one and a half year ago has married to some other lady. Based upon the aforementioned allegation the report was lodged against the appellant for the offence punishable under Sec. 376 of the Indian Penal Code.

(3.) On completion of investigation, charge-sheet was filed against the appellant before the concerned Trial Court. Charges were framed against the appellant for the offence referred to above and he denied the charges leveled against him and sought trial.