JOGA BIBI Vs. MESEL SHAIKH

JUDGEMENT

(1.) In this case, a Rule was issued to. show cause why the convictions and sentences passed upon the petitioners should not be set aside. They were charged under Secs.491 and 494 read with 109 of the Indian Penal Code. Jogu Bibi, the girl was charged with bigamy and Bhola Biswas, the man to whom it was alleged she was nika married, was charged with aiding and abetting.

(2.) The evidence was that Jogu Bibi was legally married to the complainant Mesel Shaikh in Jaistha, 1331 B.S. and from that date they lived as husband and wife for about 9 or 10 years. The. nika marriage was not denied.

(3.) The sole question, therefore, was whether the marriage of Jogu Bibi to Mesel Shaikh was proved according to law. The first question turns upon the age of the girl at the time of the marriage to Mesel Shaikh. It seems clear from the evidence that she was a minor at the time, that her father was dead and that her mother was the legal guardian.