GANGARAM GOUDA Vs. SMT. MUKTA GOUDUNI

JUDGEMENT

(1.) This is an application for leave to appeal against the judgement of acquittal passed by the Judicial Magistrate First Class, Umerkote, in ICC Case No. 11/96 (Tr.No. 1219/96) under sections 494/497/498/109, Indian Penal Code.

(2.) The complainant's case as revealed from the trial Court's judgement is as follows : The petitioner who is the complainant had married opposite party No. 1 Mukta Gouduni in the year 1992 as per their caste custom. After a year of marriage when she became pregnant for seven months, her father gave some herbal medicine to terminate the pregnancy and ultimately a dead child was born. It is the further case that soon thereafter, the father of Mukta took her back to his house and during her stay in the parental house, she came in association with Dalu Gouda (opp. party No. 1). Mukta remained with Dalu Gouda as wife for a pretty long time and a female child was born to them. Since Mukta and Dalu had married during the subsistence of the first marriage, therefore, they were allegedly liable to be prosecuted under section 494, Indian penal Code along with the other associates who connived to have the said marriage arranged.

(3.) The trial Court on appraisal of evidence and relying upon the decisions of the Apex Court reported in A.I.R. 1971 Supreme Court, 1153 Smt. Priya Bala Ghosh v. Suresh Chandra Ghosh) and A.I.R. 1965 Supreme Court, 1564(Bhaurao Shankar Lokhande and another v. The State of Maharashtra and another) came to hold that since the complainant had significantly failed in proving the second marriage as a fact and also the essential ceremony constituting such marriage, the admission of the accused, if any, will not constitute such evidence and accordingly recorded an order of acquittal of the accused persons in the complaint case.