JAYAM Vs. VINAITHEERTHAN ALIAS JAYARAJU

JUDGEMENT

(1.) THIS appeal is against acquittal of the accused in a case in which A-1 stood charged under Sec. 494, I. P. C. and A-2 to A-8 under Sec. 494, read with 109, I. P. C. and all read with Sec. 17 of the Hindu Marriage Act.

(2.) THIS is a private complaint case. The case of the complainant Jayam is that A-1 is her husband and he during the subsistence of their marriage has married A-2 on 16. 9. 1985 and A-3 to A-8 have abetted the marriage. All the accused denied the charge.

(3.) AS regards Ex. P-5 judgment in M. C. No. 3 of 1985 wherein it has been held that the second marriage has been proved, it is a finding given in a quasi-criminal proceeding and that will not be sufficient to prove the second marriage in a criminal proceeding in which the accused has been charged under Sec. 494, I. P. C. In this view of the matter I do not find sufficient reason to interfere with the judgment of the court below holding that the complainant has not proved the guilt of the second accused and acquitting them. Therefore the criminal appeal is dismissed. .