DHARAM DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present Criminal Revision Petition filed under Section 397/ 401 of the Code of Criminal Procedure, is directed against the judgment dated 13.4.2007, passed by learned Additional Judge, Mandi, H.P(Camp at Karsog) in Criminal Appeal No.27 of 2003, affirming the judgment dated 5.7.2003, passed by learned Sub Divisional Judicial Magistrate, Karsog in Police Challan No.8 -II of 2003, whereby present petitioner - accused has been held guilty for having committed an offence punishable under Section 497 of IPC.

(2.) Briefly stated facts of the case as emerge from the record are that on 31.8.2002, complainant Bal krishan as well as Smt. Prem Dassi filed a complaint in the Court of learned Sub Divisional Judicial Magistrate, Karsog, District Mandi, HP (hereinafter referred to as "Trial Court') alleging therein that accused taking benefit of loneliness of complainant Prem Dassi had enticed and allured her by stating that her husband remains on border and can die at any time. As per complainant Bal Krishan, accused promised to marry with complainant No.2, Prem Dassi despite knowing that she is legally wife of complainant Bal Krishan. As per complaint, accused developed illicit relation with complainant Prem Dassi and this process accused committed sexual intercourse with the wife of complainant Bal Krishan. Averments contained in complaint reveals that complainant Prem Dassi is mother of three children and accused compelled her for sexual intercourse. It has been also alleged in the complaint that accused threatened complainant Prem Dassi wife of complainant Bal Krishan that in case she discloses to anybody about their relations, she would face dire consequences. As per complaint, on 29th August, 2000 when complainant Bal Krishan came on leave to his house, he was told by local people and his wife complainant Prem Dassi admitted the illicit relation with the accused. Complainant specifically prayed that accused may be punished for having committed the offence punishable under Sections 366,376,497 of Indian Penal Code (hereinafter referred to as "IPC").

(3.) Learned trial Court taking cognizance of the complaint vide order dated 31st August, 2002 held that the complaint discloses commission of cognizable offence and, as such, he sent the same to the SHO Police Station, Karsog under Section 156(3) Cr.P.C for investigation. Record further reveals that the police after investigating the matter came to the conclusion that no offence under Sections 366 and 376 of IPC exist against the accused and accordingly, a case under Section 497 of IPC was registered against the accused on the allegations contained in the complaint, which was admittedly signed by complainant Bal Krishan and his wife Prem Dassi.