MISHIR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant was convicted for the offence under Section 493 of the IPC and sentenced to undergo imprisonment for five years by the 2nd Additional Sessions Judge, Dhanbad in Sessions Trial No. 96 of 1991. In the present appeal, the appellant has challenged the order of his conviction and sentence passed by the trial court.

(2.) FACTS of the case in brief is that the appellant had struck acquaintance and developed intimacy with the prosecutrix (PW 7) and both were in love with each other. The appellant had persuaded the prosecutrix to solemnize marriage at the temple and accordingly, a formal marriage ceremony was solemnized at the temple. Thereafter, the prosecutrix on being made to believe that she is the legally marriage wife of the appellant, she lived with him as his wife and allowed the appellant the indulgence of physical relationship with her. As a result, she had conceived and delivered appellant's child. The appellant was expected to undergo a further ceremony of marriage by social custom, but he refused and instead, proceeded to marry another girl. Being aggrieved, the prosecutrix through her parents and other elders of her family, convened panchayat in the village. In the panchayat, the appellant had promised to undergo ceremony of marriage with the prosecutrix, but he did not keep his promise.

(3.) AT the trial, as many as eight witnesses were examined which includes prosecutrix (PW 7), her parents (PWs 1 and 3), her aunt (PW2) and uncle (PW4) and two co -villagers (PWs 5 and 6). The trial court placing reliance on the testimony of the prosecutrix and finding support from the evidence of her parents as well as of other witnesses, recorded its finding of guilt against the appellant for the offence under Section 493 of the IPC and sentenced him accordingly.