RAMCHANDRA CHINTADA RAMUDU Vs. STATE AND ANR.

JUDGEMENT

(1.) THE accused Petitioner aged 20 years who is said to be a teacher of a village school was convicted on a charge of having enticed away a married girl aged 17 years with the intention of having illicit intercourse with her as alleged. The defence to the alleged charge was that the marriage of the girl P.W. 14 with her husband P.W. 8 has not been proved; and further that the alleged enticement with the intention of marrying her was also not established. The learned Magistrate however found that the complainant husband had proved his case that the accused was taking away the girl with the intention of having illicit intercourse with her with the full knowledge of her previous marriage with the complainant and sentenced him to undergo rigorous imprisonment for one year. In appeal the learned Sessions Judge while upholding the conviction under Section 498, Indian Penal Code for alleged enticement of the married woman reduced the sentence to rigorous imprisonment for six months only. Hence this criminal revision by the accused Petitioner.

(2.) THE witnesses to the marriage are p.ws. 1 to 7 who consistently said that the complainant P.W. 8 and the victim girl P.W. 14 were married a few years ago. On behalf of the defence it is said that there was no evidence of any Purohit having celebrated the marriage and that the marriage was not strictly proved. P.ws. 3, 5 and 6 are said to have witnessed the marriage. The accused is said to be a relation and co -villager of the complainant and presumably knew about the relationship between the complainant and the victim girl as husband and wife suggested that according to custom in complainant 's caste, no Purohit is necessary. Both the trial Magistrate and the learned Sessions Judge found that there was sufficient proof of marriage. I find no reason to take a view different from the finding of the two courts regarding the factum of marriage.

(3.) THERE are in evidence two love letters said to have been written by the accused to the complainant 's wife which show the intention of the accused. The contents of the two letters as translated into English are these: