MANA BEGUM Vs. JULA MOHAMMED

JUDGEMENT

(1.) Opposite party No. 1 along with two others persons viz., his father and brother stood their trial before the Asst. Sessions Judge, Jagatsinghpur for committing the offences under Ss. 493/376/294/506 Indian Penal Code (for the 'IPC'). They were acquitted of the charges under Ss. 375/294/506, IPC, but the Assistant Sessions Judge found opposite party No. 1 guilty of the charge under S. 493, IPC and convicted him thereunder and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default, to undergo rigorous imprisonment for fifteen days.

(2.) As against the order of conviction and sentence opposite party No. 1 carried an appeal to the Sessions Court and the learned Sessions Judge, Cuttack vide order dated 18-5-1994 allowed the appeal and set aside the order of conviction and sentence passed against opposite party No. 1. Being aggrieved thereby, the petitioner has approached this Court in revision.

(3.) The case was lodged on the complaint of the present petitioner. The petitioner and opposite party No. 1 are agnatic relations. During the absence of other inmates of the family of the petitioner, accused Jula Mohammed used to visit their house. Accused Jula promised to marry her and on such promise committed sexual intercourse at intervals and in consequence thereof she conceived. Since the accused was cousin of the informant, she felt ashamed of disclosing the fact to the parents. Later, the complainant gave birth to a female child and asked the accused to marry her to which the accused declined. Thereafter she lodged a complaint before the police. That is how the case was started.