JAGDISH NAUTIYAL Vs. STATE OF NCT (DELHI)

JUDGEMENT

(1.) Convicted for offences punishable under Sections 376/493 Penal Code Jagdish Nautiyal challenges the impugned judgment dated Jan. 07, 2015 and the order on sentence dated Jan. 12, 2015 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.75,000.00 each for offences punishable under Sections 493 Penal Code and 376 IPC.

(2.) Assailing the conviction, learned senior counsel for the appellant submits that Sec. 375 clause fourthly is not applicable to the facts of the case. Firstly, for the reason the prosecutrix knew that the appellant was already married, hence, there was no misconception of fact and secondly, even if it is believed that the prosecutrix did not know about the previous marriage of the appellant, the marriage between the appellant and the prosecutrix was not as per Hindu rites and rituals, thus, not a valid marriage in the eyes of law. Therefore, there could not be any misconception to the prosecutrix that she was the legally wedded wife of the appellant.

(3.) Learned APP for the State on the other hand contends that the appellant had the knowledge that the prosecutrix believed that she was legally married to the appellant and this fact is supported by the certificate of marriage which was issued upon registration of marriage between the appellant and the prosecutrix. The prosecutrix having been deceived both Sections 493 and 376 Penal Code were attracted.