JUDGMENT - J.R. Vimadalal, J.:---This is an appeal filed by the complainant, with the leave of the Court, against the acquittal of the original first accused of the offence of bigamy under section 494 of the Indian Penal Code by Mr., V.D. Mehta, Additional Chief Presidency Magistrate, 5th Court, Dadar, Bombay. The complainants case was that she was married to the accused in 1951 and has five children by him, and that the said marriage is a subsisting marriage. The complainant has been living for some years with her own father, and some time around the Diwali of the year 1971, she came to know that the first accused has married again. She, therefore, filed the complaint out of which this appeal arises. The second accused was alleged to have been the person at whose house the second marriage of the first accused was performed, but he has been acquitted, by the trial Court and no appeal has been preferred against that order of acquittal.

2. It is true that in a case relating to a criminal offence under section 494, both the first marriage as well as the second marriage must be strictly proved, but, in my opinion, there is abundant evidence in the present case to prove both those marri

Click Here to Read the rest of this document