The central legal point established is that marrying someone while already having a subsisting marriage constitutes offences under Sections 376/417 and 495 IPC.

1. Convicted for offences punishable under Section 376/417 and 495 IPC Chetan Khanna challenges the impugned judgment dated 13th August, 2013 and the order on sentence dated 17th August, 2013 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000/- for offence punishable under Section 495 IPC, rigorous imprisonment for a period of seven years and to pay a fine of Rs.15,000/- for offence punishable under Section 376 IPC and rigorous imprisonment for a period of one year for the offence punishable under Section 417 IPC.

2. Assailing the conviction, learned counsel for Chetan Khanna submits that there are glaring contradictions in the testimony and complaint of the Prosecutrix. She stated in the complaint that she got to know about the factum of prior marriage of Chetan Khanna through the photocopy of his ration card, however, the ration card Ex.PW1/B finds no mention about his family. The marriage certificate has not been proved, thus the appellant cannot be convicted for the offences as done by the learned Trial Court. Version of the prosecutrix that the landlord asked for ID proof is not supported by PW-3 the landlord.

3. Though this Court did not have the assistance from the counsel for the prosecutrix, respondent No.1 herein as respondent No.1 did not appear except once after service however learned APP for the State has ably assisted this Court after going through the Trial Court record. Learned APP for the State on the other hand contends that the impugned judgment and order on sentence suffer from no illegality. Appellant has admitted that he was already married when he married the prosecutrix. His defense is that the prosecutrix and her family knew about the earlier marriage. It is immaterial now the prosecutrix came to know about the appellant’s first marriage. The offences alleged are proved beyond reasonable doubt on the prosecutrix having proved her marriage to the appellant during the subsistence of the first marriage.

4. Facts leading to filing of the present appeal are that a complaint Ex. PW-1/C dated 16th March, 2009 was filed by the prosecutrix under Section 200 Cr.P.C. before the learned Metropolitan Magistrate wherein it was stated that the prosecutrix was married to Chetan Khanna on 21st July, 2008 at Arya Samaj Mandir, 2164, Jamuna Bazar, Delhi. On the same night, Chetan Khanna took the prosecutrix to a hotel in Karol Bagh where their marriage was duly consummated. The rent of the room in the aforesaid hotel was Rs. 2,800/- out of which Rs. 1,000/- was paid by Chetan Khanna and the balance Rs. 1,800/- was paid by the prosecutrix. On 22nd July, 2008, Chetan Khanna took her to a rented house in Patel Nagar monthly rent whereof was Rs. 3,000/- per month and they started living there. On 25th July, 2008, he told her that due to work, he would be coming home late so she can go to her parental home and he would pick her up at night, however, he did not come. On 30th July, 2008, again he did not come home and told her that there was closing in the bank. On 2nd August, 2008, he told her that he was going to Shimla on Bank tour and will return on 10th August, 2008. After returning from Shimla on 14th August, 2008, he told her that he was going to his sister's place at Kanpur for Raksha Bandhan. The mother of the prosecutrix told Chetan Khanna to take the prosecutrix along with him, however, he stated that first he will inform his sister about the marriage and then he will take her. Thereafter, he used to come home at night and go back at 5:00 A.M.. The landlady of the tenanted premises asked for the ID proof for preparing the rent agreement but he refused to give his identity proof and asked her to give her ID proof. On 25th August, 2008, he visited the prosecutrix at her office and told her that since he will be doing night duty, so he will meet her next morning at her office only. He also told her to live at her mother's place for 10-15 days. On 10th Septemb