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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Vinod Kumari, W/o Prem Kumar – Appellant
Versus
State – Respondent
JUDGMENT :
FARJAND ALI, J.
1. The present criminal appeal has been instituted by the appellant–complainant, Smt. Vinod Kumari, assailing the judgment rendered by the learned appellate Court i.e. Special Judge (SC/ST Prevention of Atrocities Act Cases), Hanumangarh in on 28.03.2017 passed in Criminal Appeal No.13/2017, whereby the respondents were acquitted of the charges under Sections 494 and 109 of the Indian Penal Code, 1860 . By the impugned judgment, the appellate Court set aside the judgment of conviction and order of sentence earlier imposed by the learned trial Court i.e. learned ACJM, Hanumangarh vide judgment dated 27.01.2017 passed in Criminal Original Case No.31/2001 wherein Respondent No.2, Prem Kumar, and Respondent No.7 Kamla were convicted for the offence of bigamy and sentenced to undergo two years SI alongwith fine of Rs.15,000/- each and in default to further undergo three months SI; while Respondents No.3 to 6 were found guilty of abetment and were accordingly sentenced to simple imprisonment for one year along with a fine of Rs. 15,000 each and in default to undergo one month’s SI. Out of the total compensation amount of Rs.50,000/-, a sum of Rs.30,000/- shall be
To secure a conviction under Section 494 IPC, the prosecution must prove the existence of a valid marriage and the performance of a second marriage with essential ceremonies; mere allegations and con....
The main legal point established in the judgment is the requirement to prove the factum of the second marriage and its solemnization with essential ceremonies, as well as the validity of both marriag....
The main legal point established in the judgment is the requirement to prove the factum of the second marriage and its solemnization with essential ceremonies, as well as the validity of both marriag....
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 prosecution must prove the essential ceremonies of marriage to establish bigamy under IPC Sections 494 and 495.
A marriage under Hindu law is invalid unless essential ceremonies are performed; mere evidence of a priest is insufficient to establish validity.
A valid marriage under the Hindu Marriage Act can be established without 'Saptapadi'; credible evidence proving a second marriage during the subsistence of the first valid marriage constitutes bigamy....
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