ANJALI DAS Vs. MANINDRA DAS

JUDGEMENT

(1.) NONE appears for the appellant. Heard Mr. A.C. Bhowmik, learned Senior counsel assisted by Mr. P. Saha, learned counsel appearing for the respondent.

(2.) THIS appeal, against acquittal, is directed against the judgment and order, dated 11 -5 -04, passed by the learned Addl. Magistrate, First Class, Udaipur, South Tripura, in C.R. case No.642 of 2001.

(3.) SMT . Anjali Das, who is the appellant in this appeal, as complainant filed a complaint before the learned Chief Judicial Magistrate, South Tripura, Udaipur, alleging that Sri Manindra Das i.e. the respondent despite being a married person, by showing a piece of paper purported to be a divorce paper had induced the complainant to believe that he had divorced his earlier wife, and, thus proposed to marry her. According to the complainant, who initially refused to accept the said proposal, was shown a paper alleged to be issued by a court, in support of the claim of divorce in respect of his earlier marriage. Accordingly, on being so persuaded the complainant believed that the respondent had divorced his earlier wife and as such she agreed to marry the respondent. Her marriage was solemnized on 24 -5 -99 at Kashba Kalibari after performing saptabadi around the sacred fire and exchange of garlands. According to the complainant, after the said marriage, she used to live at Udaipur with the respondent as husband and wife and out of the said wed lock, a female child was born to them. But on 13 -12 -01, the respondent deserted her. Subsequently, the complainant met the respondent and the respondent, who continued to live with his first wife, refused to accept her as his married wife and told her that he never divorced his earlier wife and told her that he had shown a false document to persuade the complainant to have physical relation with him. On being so informed, the complainant could realize that she was cheated by the respondent and deceitfully induced to believe that she was the married wife of the respondent.