RAMKRISHNA BABURAO MASKE Vs. KISHAN SHIVRAJ SHELKE

JUDGEMENT

(1.) THIS is an appeal by the complainant, who has failed in getting the accused, whom he prosecuted, convicted. He prosecuted them for offences punishable under Section 417 read with Section 34, Indian Penal Code, but the learned Magistrate, Kaij, District Bhir, was not satisfied with the merits of the case and, therefore, acquitted all the six accused.

(2.) THE complainant is the unfortunate husband of accused No. 3 who is said to have been offered by her parents, accused Nos. 1 and 2 and some mediators, who were discharged. It is said that the marriage of the complainant with accused No. 3 was settled on May 25, 1970 and was performed on June 1, 1970. Accused No. 3 came to stay with the complainant on that day. They lived as husband and wife and she delivered a child on November 19, 1970 after about five months from the date of the marriage. She was taken to Ambejogai hospital and the doctor's report was that the child was delivered with seven months' pregnancy. The complainant's case is that he had married her at the time when she had already conceived much before the time of the marriage. It is, therefore, his case that her parents as well as she concealed from him the fact of her pregnancy at the time of the settlement of marriage and also at the time of marriage and thereby they have cheated him. The parents denied having any knowledge about the conception of their daughter and accused No. 3 also denied having cheated the complainant.

(3.) SECTION 415, Indian Penal Code, is as follows: 415. Whoever, by deceiving any person fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property is said to 'cheat'. Explanation.A dishonest concealment of facts is a deception within the meaning of this section.