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1990 Supreme(Raj) 528

N.L.TIBREWAL
Kanti Lal – Appellant
Versus
Prem Chand – Respondent


JUDGMENT

1. - This appeal arises against the order of acquittal dated October 24, 1979 passed by the learned Munsif and Judicial Magistrate, Sagwara.

2. The facts of the case are that the appellant filed a complaint against the accused-respondents on 1-9-78 in the court of Munsif and Judicial Magistrate, Sagwara, in which it was alleged that the marriage of respondent Velji was solomnised on 20-5-78 with Kum. Babbu, daughter of Premchand, respondent. The accusation is that both Kum. Babbu and Velji were aged 13 years and 17 years respectively and their marriage was solomnised by their parents in contravention of the provisions of Child' Marriage Restraint Act, 1929 and they committed an offence under section 5 of the said Act.

3. The accusation against the other accused - respondents is that they promoted or permitted the aforesaid marriage between the two minois solomnised or they failed to prevent it from being solomnised, and as such they committed an offence under section 6 of the aforesaid Act.

4. The learned Magistrate took cognizance of the said complaint and after holding an enquiry conducted under section 200 and 202 Cr. P.C., issued process for summoning the accused-responde







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