SAMMUN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dt. 10-1-87 passed by the Additional Sessions Judge Jhabua in Sessions Trial No. 321 of 1985 convicting the petitioner under S. 493, IPC.

(2.) According to the prosecution, from some months prior to 21-3-85 there were negotiations for marriage between the petitioner and Ku. Rehana, aged 20 years. The petitioner had even been to her residence once or twice. On being told by the co-accused Mahendra and Moise that the petitioner would marry her, she had on 22-3-85 left her village and had gone to Thandla and had met the petitioner there. She was told that they would go to Ujjain on the following day for site seeing. Thereafter on 23-3-85 she again left her village for Thandla and from there the petitioner had taken her to Dohad where they stayed in Natraj Hotel. Assuring her that she would live with him as his wife, the petitioner committed sexual intercourse with her. To the hotel management he had disclosed that she was his wife. Subsequently the petitioner refused to marry Rehana and, therefore, a report was lodged by her with the police on 31-3-85 whereupon a crime was registered and investigation was set afoot.

(3.) At the conclusion of the investigation, the police prosecuted the petitioner and others in respect of offences under Ss. 366 and 493, IPC and other offences. The case was committed to the Court of Session and ultimately charge only under S. 493, IPC was framed against the petitioner. He was tried with the result already stated.