SHAKUNTALA Vs. NILKANTH AND OTHER

JUDGEMENT

(1.) The unsuccessful appellant-complainant seeking the conviction under section 496, Indian Penal Code, of her husband one Nilkantha respondent No. 1 herein has appealed by leave to set aside the judgment of acquittal recorded by the Judicial Magistrate, First Class, Sakoli.

(2.) The said Court has considered the evidence and has held that the marriage alleged by the complainant is not a valid one and, therefore, does not furnish her any ground to lodge such a prosecution. The Court has observed that there is no evidence absolutely as to the conversion of the complainant, or that of her spouse to the tenets of the Budhism and, therefore, the alleged form of marriage could not lead to the conclusion that there had been a legal and valid marriage between the complainant and the accused No. 1. On that view, he acquitted the accused.

(3.) The learned advocate argues that the evidence on record indicates that a proper marriage had taken place between the parties. It is no doubt true, according to him, that the form of marriage spoken to by the complainant was according to Budhist belief. He concedes that there is no evidence that either of the spouse to this marriage was a Budhist.