PUBLIC PROSECUTOR Vs. C SUBBA RAO

JUDGEMENT

(1.) A complaint has been lodged by the petitioner in the revision petition with the Station House Officer, Ongole II Town Police Station, against the accused which ultimately resulted in filing a charge-sheet by the Police against the accused-respondent under Sections 493,494,496 and 420 IPC before the II Addl Munsif Magistrate, Ongole. The learned Magistrate after due enquiry and after considering the evidence of the complainant and other witnesses, found that no case has been made out against the accused for the offences with which he was charged.

(2.) The case of the complainant who is examined as P.W.1 is that the accused married her on 24-12-1985 at a Sivalayam, Inamanamellur village, in the presence of P.W.2, Sunkara Suma Bala, Puripaka Shanrnugam and Puripaka Srilakshmi. They were living as husband and wife at the residence of the complainant at Thangalla Khasim Street, Ongole. While so, it is the case of the complainant, that the accused made her to part with her gold on the pretext of obtaining a loan for the purpose of constructing a house. After some time the accused stopped coming to the house and on enquiry she came to know that the accused was already a married man having wife and children.

(3.) The learned Magistrate, on a consideration of the entire evidence on record, came to the conclusion that as the ceremonies for a valid marriage are not said to have been taken place and the wife (P.W.1) failed to make out a case for the offence of bigamy, acquitted the accused.