ANIL KUMAR MATHUR Vs. ASHUTOSH

JUDGEMENT

(1.) The present criminal appeal has been instituted by the appellant-complainant, Smt. Vinod Kumari, assailing the judgment rendered by the learned appellate Court i.e. Special Judge (SC/ST Prevention of Atrocities Act Cases), Hanumangarh in on 28/3/2017 passed in Criminal Appeal No.13/2017, whereby the respondents were acquitted of the charges under Ss. 494 and 109 of the Indian Penal Code, 1860. By the impugned judgment, the appellate Court set aside the judgment of conviction and order of sentence earlier imposed by the learned trial Court i.e. learned ACJM, Hanumangarh vide judgment dtd. 27/1/2017 passed in Criminal Original Case No.31/2001 wherein Respondent No.2, Prem Kumar, and Respondent No.7 Kamla were convicted for the offence of bigamy and sentenced to undergo two years SI alongwith fine of Rs.15,000.00 each and in default to further undergo three months SI; while Respondents No.3 to 6 were found guilty of abetment and were accordingly sentenced to simple imprisonment for one year along with a fine of Rs.15,000.00 each and in default to undergo one month's SI. Out of the total compensation amount of Rs.50,000.00, a sum of Rs.30,000.00 shall be directed to be paid to the complainant by way of compensation.

(2.) I have heard the learned counsel for the parties and have minutely gone through the material available on record.

(3.) It is a settled proposition of law that to establish the offence under Sec. 494 IPC, the prosecution must incontrovertibly prove two indispensable ingredients: first, the existence of a valid and subsisting marriage between the complainant and the accused at the relevant time; and second, the performance of another marriage by the accused with all essential ceremonies and customary rites recognized under personal law, thereby rendering the said marriage legally valid. It is equally well-established that vague allegations of cohabitation, or assertions of the parties living together as husband and wife, fall far short of the statutory requirement under Sec. 494 IPC.