JOYA RANI CHAKRABORTY Vs. BAMAPADA CHAKRABORTY

JUDGEMENT

(1.) This appeal is directed against the order of acquittal passed by Shri Asis Kumar Chatterjee, learned Sub-divisional Judicial Magistrate, Tamluk in Complaint Case No. 691/C/74, acquitting the opposite party - Bamapada Chakravarty of the charge under section 495, I. P. C.

(2.) The case of the complainant - Jaya Rani Chakravarty - present appellant is that the accused married her by suppressing the fact of his first marriage with Arati Rani Chakravarty.

(3.) Learned Magistrate held that the complainant - present appellant had not been able to prove beyond reasonable doubt that there was a marriage between the present appellant and the accused Bamapada Chakravarty - respondent herein, according to Hindu rites and that the accused concealed from her the alleged fact of marriage with Sm. Arati Rani Chakravarty. The learned Magistrate acquitted the accused on the ground that the complainant failed to prove beyond reasonable doubt that there was a legal and valid marriage between the accused and Sm. Arati Rani Chakravarty. Hence this appeal by the complainant-appellant Sm. Jaya Rani Chakravarty against the order of the learned Judicial Magistrate.