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1962 Supreme(Ori) 67

R.K.DASH
POTHI GOLLARI – Appellant
Versus
GHANNI MONDAL – Respondent


Advocates Appeared:
P.V.B.RAO

R. K. DAS, J.

( 1 ) THIS is a complainant's appeal against an appellate order dated 13-11-61 passed by the Sessions Judge, Koraput, in Cri. Appeal No. 31/61 acquitting the respondent of a charge under Section 497, I. P. C,

( 2 ) THE complainant appellant had given his daughter Kamli in marriage to one bhagaban Chandal about ten years ago. Sometime after the marriage Bhagaban abandoned Kamli and married another wife. After this abandonment, when Kamli was living in her father's house the accused Ghanni Mandal induced Kamli to live with him as his wife and committed intercourse with her making her pregnant. The complainant having come to know about the pregnancy of his daughter, enquired from her and learnt that it was the accused who was responsible for her pregnancy. A punchayati was convened where the accused admitted to have illicit intercourse with Kamali, but later on resiled from that position and refused to accept her as his wife and give her any maintenance. Thereafter her father, the complainant filed a complaint under Section 497 I. P. C. which however, was quashed by the High Court as leave to file the complaint under Section 497 was not taken in accordance with the prov













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