V.M. DESHPANDE, J.

1. An interesting point is required to be answered for deciding the present Criminal Revision Application. The point is, whether a Clerk in the office of the Sub-Registrar when was discharging his duties as in-charge Sub-Registrar was empowered to discharge the duties as Marriage Officer and was empowered to register the marriage under the Special Marriage Act, 1954 and could issue the certificate as contemplated under section 13 of the Special Marriage Act, 1954.

2. The present revision application arises out of judgment and order of conviction passed by learned Judicial Magistrate, First Class (2nd Court), Buldhana in Regular Criminal Case No. 257 of 2003 dated 5.3.2008 holding the applicant guilty for the offence punishable under Section 495 of the Indian Penal Code and was directed to suffer simple imprisonment for three years and to pay a fine of Rs. 2,000/- and in default, to suffer simple imprisonment for four months. The appeal against the said judgment and order of conviction before the Sessions Judge, Buldhana bearing Criminal Appeal No. 7 of 2008 was dismissed on 19th September 2011. Hence, this revision.

3. Few facts giving rise to the present revision can be enumerated herein-under:

(a) A charge-sheet was filed for the offence punishable under Sections 498A, 420, 468, 494, 495, 496 r/w Section 34 of the Indian Penal Code against the present applicant and three others. The applicant was shown as accused no. 1. Accused Nos. 2 and 4 were the parents of the applicant, whereas accused No. 3-Kavita was the wife of the present applicant. First Information Report Exh.77 was lodged by Seema Thete (PW-2) against all the accused persons.

(b) As per the report, marriage of first informant was solemnized with the applicant on 16.1.2003 in the office of the Marriage Registrar at Buldhana. Prior to the registration of the marriage on 10.12.2002, the first informant and the applicant submitted their application in the office of Marriage Registrar. At that time, it was not disclosed to Seema, the first informant by the applicant or his parents the accused Nos. 2 and 4 that the applicant's marriage is already performed with original accused No. 3-Kavita. After the marriage, on 16.1.2003 Seema went to her matrimonial house as per the First Information Report. Thereafter she was subjected to cruelty at the hands of the applicant for demanding money from her parents. Not only that, he withdrew all the amount which was deposited by the parents of the first informant in an account in her name in the Post Office. It is further stated in the First Information Report that on 26.3.2003 the first informant found a file containing some documents which contains a letter issued by Social Welfare Officer addressed to the applicant and the said was in respect of inter caste marriage of the applicant. That gives suspicion in the mind of the first informant and she gave a telephonic call to her father. Accordingly, her father PW-1 Pralhad Thete came at her matrimonial place at Jalna. The letter was shown to him. Thereafter, PW-1 Pralhad Thete made an inquiry and during inquiry it was revealed to him that present applicant on 21.6.2002 had performed the marriage with one Kavita (accused no. 3) at Aurangabad and the said was a registered marriage. A complaint therefore was lodged with Police Officer, Buldhana by Seema-PW-2. In spite of knowing that the applicant was already married, he has performed his marriage with the first informant.

(c) A crime was registered with Police Station Buldhana vide Crime No. 72 of 2003 by Police Station Officer. The investigation in the crime was done by two investigating officers; Mahadev Darade (PW-6) and Avinash Gir (PW-7) (though they are wrongly shown as PW-5 only). Avinash Gir, PSI received the case diary of Crime No. 72 of 2003 for investigation. He recorded the statement of the first informant. He seized a pass book of first informant (Exh.75). He also recorded statement of relatives of