JUDGMENT :

NARESH KUMAR CHANDRAVANSHI, J.

1. The present Acquittal Appeal under Section 378(4) of the Cr.P.C. is directed against the judgment dated 29-9-2018 passed by the 1^st Upper Sessions Judge, Baloda-Bajar Distt. Balodabajar-Bhatapara in Cri. A. No. 69/2017 whereby the Appellate Court has allowed the appeal preferred by the accused acquitting him of offence under Section 494 of the IPC which was preferred against the judgment dated 7-11-2017 passed by the Chief Judicial Magistrate, Baloda-Bajar in Criminal Case No. 1238/2014 whereby the accused was convicted for the offence under Section 494 of the IPC and sentenced to undergo RI for 5 years and to pay fine of Rs. 1,00,000/-, in default of payment of fine, to further undergo RI for 2 months.

2. Facts of the case in brief are that, the appellant/complainant filed complaint against the respondent No. 2/accused and 4 other persons under Section 494 of the IPC stating inter alia that, her marriage was performed with the respondent No. 2/accused in the year 1999 as per the rituals. They have also been blessed with a female child in the year 2002, but after delivery of their child, the accused started harassing her and ousted them fro