POTHI GOLLARI Vs. GHANNI MONDAL

JUDGEMENT

(1.) THIS is a complainant's appeal against an appellate order dated 13-11-61 passed by the Sessions Judge, Koraput, in Cri. Appeal No. 31/61 acquitting the respondent of a charge under Section 497, I. P. C,

(2.) THE complainant appellant had given his daughter Kamli in marriage to one bhagaban Chandal about ten years ago. Sometime after the marriage Bhagaban abandoned Kamli and married another wife. After this abandonment, when Kamli was living in her father's house the accused Ghanni Mandal induced Kamli to live with him as his wife and committed intercourse with her making her pregnant. The complainant having come to know about the pregnancy of his daughter, enquired from her and learnt that it was the accused who was responsible for her pregnancy. A punchayati was convened where the accused admitted to have illicit intercourse with Kamali, but later on resiled from that position and refused to accept her as his wife and give her any maintenance. Thereafter her father, the complainant filed a complaint under Section 497 I. P. C. which however, was quashed by the High Court as leave to file the complaint under Section 497 was not taken in accordance with the provisions of Section 199 of the Code of Cr. P. C. Subsequently the complainant after obtaining necessary leave filed the complaint against the accused under Section 497 I. P. C. and the accused was convicted and sentenced to pay a fine of Rs. 100/- and in default to undergo R. I. for one month. On appeal the learned Sessions Judge acquitted the accused holding that bhagaban having abandoned his wife Kamli, it cannot be ruled out that he connived at or consented to the accused having sexual intercourse with his wife. He also held that after such abandonment of Kamli by her husband, the complainant cannot be said to have taken care of her daughter on behalf of her husband within the meaning of Section 199, Cri. P. C. so as to entitle him to file the complaint.

(3.) THE prosecution sought to prove its case through the evidence of P. W. 1 the appellant, his daughter P. W. 2 and some other villagers to prove the illicit connection of the accused with P. W. 2. P. W. 2 herself has deposed that the accused committed sexual intercourse with her. According to P. W. 6 the Sarpanch and P. W. 5 another villager, the accused admitted before them to have committed adultery with P. W. 2 and was responsible for the pregnancy. Thus the evidence clearly supports the prosecution case that the accused committed adultery with P. W. 2.