ABDUL RAHMAN Vs. MUMTAJ & ORS

JUDGEMENT

(1.) Applicant/complainant has filed this criminal revision u/s 397/401 of the Code of Criminal Procedure being aggrieved by the judgment dated 2/02/09 passed by Second Additional Sessions Judge, Rewa in Criminal Appeal No. 265/08 arising out of the judgment dated 28/06/08 passed by JMFC, Rewa in criminal case no. 802/04 whereby appellate Court acquitted the respondent no.3 and jail sentence awarded by trial Court against respondent no. 1 and 2 has been reduced to the period of sentence already suffered and fine amount has beenenhanced from Rs. 2000/- to Rs. 4000/- each.

(2.) The facts giving rise to this petition in short are that petitioner/complainant Abdul Rahman filed a private complaint against respondent that he solemnized the marriage (nikah) with respondent no.2 in the year 1996. She lived with him for short time thereafter, went to his parental house. It is further alleged that all the respondents entered into the conspiracy and respondent no.1 solemnized the marriage of his daughter Anisha with respondent no.3 Gulam Mohd. in the year 1992 thereby respondent no.2 committed the offence u/s 498-A of IPC and respondent nos. 1 and 3 mother and second husband committed the offence u/s 120-B/34 of IPC.

(3.) On perusal of record, trial Court convicted the respondent no.2 u/s 494 of IPC and respondent no.1 and 3 u/s 120-B of IPC and sentenced RI for 2 years with fine of Rs. 2000/- and RI for 2 years with fine of Rs. 2,000/- each respectively. Being aggrieved by aforesaid judgment dated 28/06/2008 respondents filed the appeal before the Additional Sessions Judge who acquitted the respondent no.3 Gulam Mohd. from the charges u/s 120-B of IPC. Though, he convicted respondent no.2 u/s 294 of IPC and respondent no.1 u/s 120-B of IPC however, they have been sentenced for the period already undergone i.e. 3 days each and fine amount has been enhanced from Rs. 2000/- to Rs. 4000/- each hence, this petition.