JOGENDRA LENKA AND ANR. Vs. PURUSHOTTAM MOHANTY

JUDGEMENT

(1.) THIS is a revision against the appellate judgment of the Sessions Judge of Puri, maintaining the conviction of the two Petitioners under Section 6 of the Child Marriage Restraint Act, 1929 and the sentences of one month's simple imprisonment and fine of Rs. 50/ - passed on each of them by a First Class Magistrate of Khandpara.

(2.) PETITIONER No. 1, Jogendra Lenka is the father of the girl named Rambha and Petitioner No. 2 Banchha Nidhi Nayak is the father of the boy named Kashi Nath. It was alleged that in contravention of the provisions of the Child Marriage Restraint Act the parents of the bridegroom solemnised their marriage in an approved form on 21 -1 -1960 at 9 p.m. and that thereby they committed an offence under Section 6 of that Act.

(3.) TWO important questions of law were tragedy Mr. Pal for the Petitioners. Firstly he urged that a preliminary enquiry under Section 202, Code of Criminal Procedure which was mandatory under Section 10 of the Child Marriage Restraint Act was of held and that consequently all subsequent proceedings were without jurisdiction. Secondly he urged that in any case, as the grotto was not held to be a child within the meaning of the Act the father of the groom namely Banchhanidhi Nayak was not liable under Section 6 of that Act.