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FARJAND ALI
Leela Devi – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The instant criminal revision petition has been preferred by the petitioner-complainant Leela Devi being aggrieved of the judgment dated 05.11.2001 passed by the learned Additional Sessions Judge, Pali in Criminal Appeal No.50/1999, whereby the learned appellate court while giving benefit of doubt to the accused-respondents reversed the judgment dated 08.04.1999 passed by the learned Judicial Magistrate, Marwar Junction in Criminal Original Case No.1201/1992, whereby they had been convicted and sentenced as under :-
| Name of the respondent | Offence for which convicted | Sentence and fine imposed |
| Moolchand | Section 494 IPC | Rigorous imprisonment of 2 years along-with a fine of Rs.300/- and in default of payment of fine, further to undergo simple imprisonment of 15 days. |
| Bharti, Mohanlal, Chothi, Gamni, Harikishan, Sita Devi, Naraini | Section 494 /109 IPC |
2. Succinctly stated, facts relevant and essential for disposal of the revision petition are that the petitioner-complainant Leela Devi filed a complaint under Section 494 and 494/109 IPC in the trial court stating therein that her marriage was solemnized with
The absence of evidence for a valid marriage ceremony negates allegations under Section 494 IPC.
The court emphasized the necessity of clear and corroborative evidence to establish charges under Sections 498-A and 494 IPC, reversing the appellate court's conviction due to lack of proof and adher....
A marriage under Hindu law is invalid unless essential ceremonies are performed; mere evidence of a priest is insufficient to establish validity.
If marriage between husband and wife ended as null and void, offence under Section 498A of IPC cannot be sustained.
Prosecution must prove the essential ceremonies of a second marriage to establish bigamy under Section 494 IPC; mere admissions by the accused are insufficient for conviction.
The court upheld the conviction under Section 498A IPC for dowry harassment but modified the sentence to the period already undergone due to the elapsed time and prior imprisonment.
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