RAJESHWAR SINGH Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) The learned Magistrate took cognizance of an offence under Sec. 494 read with Sec. 114 of the Indian Penal Code, against the accused-petitioner and others. A revision petition was filed in this Court, by the same was dismissed as the same was time barred, and hence, the present petition has been filed.

(2.) Smt. Nathi alias Krishna Kumari is the first wife of one Bhagirath. Bhagirath during the subsistence of the first marriage, is said to have contracted a second marriage with Guddi, who, at the time of the marriage is said to be 12 years of age. A complaint was filed by Smt. Nathi against the accused-petitioner and 13 others in the court of learned Magistrate, who, after recording the evidence of the complaint and her witnesses, vide his order dated Aug. 14, 1973, took cognizance of the offence Under Sec. 494, 494/109, or 495/114 of the Indian Penal Code against the accused-petitioner and seven others.

(3.) It is contained by the learned advocate that there is no evidence on record to prove the second marriage of Bhagirath with Guddi, aged 12 years, and therefore, no offence under Sec. 494 is made out. He further submits that so far as Guddi is concerned, she was only 12 years of age, at the time of marriage, and she could not have given her consent to the marriage, and if her parents married her to Bhagirath, who was already having a wife living, Guddi cannot be held liable 494 of the Indian Penal Code It has also been contended that Ram Karan, accused-petitioner is the grand father of Guddi, and Sultan, accused-petitioner No. 2 is her uncle. Merely because they were present in the marriage, it cannot be said that they are liable under Sec. 494/109 or 114 of the Indian Penal Code.