AMMASI Vs. STATE

JUDGEMENT

(1.) This revision has been preferred by the petitioner Ammasi, who is the first informant in this case against the judgment of the Judicial Magistrate, Omalur in C.C. No. 296 of 1992 seeking to set aside the same acquitting the respondents 2 to 8 in respect of offences punishable under Sections 6 and 5 of the Child Marriage Restraint Act, hereinafter referred to as the 'Act'.

(2.) The case of the prosecution is that on 27-3-1992 at Omalur Agraharam the respondents 2 to 8 conducted a child marriage between one Palaniswami of 19 years and Kumuda aged about 17 years and there by they committed offences as stated in para 1 above.

(3.) On the side of the prosecution PWs-1 to 6 were examined and Exs. P-1 to P-5 were marked. PW-1 Ammasi, the petitioner belonged to Palpakki village. One Palaniswami is his son. He was only 19 years old at the time of the alleged marriage. PW-1 knows all the accused. On 5-3-1992 PW-1's son Palaniswami was kidnapped by all the accused. On knowing this the petitioner asked the accused to hand over his son, but, the accused did not do the same. On 27-3-1992 at about 9.10 a.m. all the accused joined together and took Palaniswami and the second respondent's daughter Kumudha from Palpakki Road to Dharmapuri Main Road. This was seen by PW-2, who, in turn, informed the same to PW-1. Then PWs 1 and 3 came in search of their son. They saw Palaniswami and Kumudha in front of Pillayar temple at Omalur Agraharam. When questioned about the high-handed act of the accused persons, A1 said that the marriage is being held only with consent of his son Palanisami. When PW-1 pointed out the age of his son. A1 scolded and insulted him. In spiteof his resistance the accused arranged for the marriage in Pillayar temple and performed the same under the Hindu rites. All the accused persuaded the complainant's son Palanisami to tie thali on the neck of Kumudha and they exchanged garlands as well. When PW-1 tried to prevent the same A-1 and A-7 threatened him with dire consequences. So PW-1 escaped from the place and went to Omalur Police Station and gave Ex. P-1 complaint. Ex. P-2 is the birth certificate which shows the date of birth of Palaniswami as 20-7-1973. Then the police registered a case in Cr. No. 251/92 under the Child Marriage Restraint Act read with Section 109, I.P.C. read with Section 18 of the Hindu Marriage Act, 1955 read with Sections 147, 148 and 506(2), I.P.C. PW-4, the Sub-Inspector of Police, took up investigation, examined two witnesses and arranged to send both Palaniswami and Kumudha for medical examination. After the investigation was over on 27-8-1992 a charge-sheet has been filed against the respondents 2 to 8.