V. GOPALASWAMY, J.

( 1 ) THIS appeal is preferred against the judgment of the Judicial Magistrate, first Class, Solapur at Cuttack acquitting the accused (the present respondent) of the charge under Section 493, I. P. C.

( 2 ) THE Prosecution base, briefly stated, is that in the year 1981 on the Ganesh Chaturthy day the accused took the complainant (the precent appellant) to Isaneswar Mahadev Temple and, there after performing puja, there was exchange of garlands between the parties when the accused declared that the complainant had become his wife and after that day the accused had sexual intercourse with the complainant on several occasions and she allowed it on the belief that she was his legally married wife and that ultimately when she become pregnant, he deserted her and then she was driven to files the present complaint case under Section 493, I. P. C.

( 3 ) THE accused pleaded that the case was falsely foisted against him. He examined D. W. 1 Rama Chandra Misra in support of his plea.

( 4 ) THE prosecution has examined in all five witnesses to prove its case. The complainant examined herself as P. W. 1 and deposed in support of her case. P. W. 2 is the father of the comp