Judgment :

J.P. Das, J. This appeal is directed against the order dated 18.05.1991 passed by the learned S.D.J.M., Sundergarh acquitting the respondent from the charge under Section 493 of the Indian Penal Code (IPC in short) in I.C.C. Case No.5/ Tr. No. 459 of 1987.

2. The present appellant filed the complaint petition before the learned S.D.J.M, Sundergarh with the submissions, shorn of unnecessary details, that she and the respondent belonged to the same village and for pursuing their studies in colleges at Sundergarh they were commuting daily and developed friendship. The friendship gradually turned into a love affair. She alleged that on 1.4.1985 the respondent called the appellant to his house during the absence of his parents. There the respondent brought two garlands and got exchanged with the complainant and told her that their marriage was completed. The complainant believed in good faith that she and the respondent became wife and husband and allowed the respondent to cohabit with her. The physical relationship between the two continued thereafter at different places including once in a hotel at Jharsuguda and consequently the complainant became pregnant. The complainant asked the respondent to keep her in his house as wife but the respondent delayed the matter on some plea or other. The complainant went to the house of the accused in the month of December 1986 and stayed there for two days but was driven out by the father of the respondent as the accused was absent from the house. She was also not allowed by her own parents to stay in her own house and hence, she took shelter in the house of one of her relatives at Sambalpur. Being aggrieved by the deception of the respondent she reported the matter to the police but since the police did not take any action, she filed the complaint in the Court on 28.01.1987. Cognizance was taken under Section 493 of the IPC and charge was framed.

3. The accused faced the trial with a plea of complete denial. The complainant examined four witnesses including herself in support of her case besides exhibiting certain documents as against none preferred by the accused-respondent in defence.

4. The learned Trial Court on evaluation of the evidence, both oral and documentary found and held that the alleged offence under Section 493, IPC has not been established beyond all reasonable doubts and pronounced the impugned judgment of acquittal.

5. The appeal has been filed with the submissions that the learned trial court failed to appreciate the evidence led on behalf of the complainant and the position of law in proper perspective and reached the conclusion erroneously. It has been submitted that the learned Court below erred in law by disbelieving the positive statement of the appellant that the respondent by exchange of garland made her to believe that the marriage was completed and kept physical relation with her. It has been stated that the learned Court below wrongly discarded the positive evidence that the appellant and the respondent were staying as husband and wife and searched for the evidence of eye witness regarding the marriage and cohabitation, which was not possible. It has been submitted that all the required ingredients constituting an offence under Section 493, IPC having been established, the impugned judgment of acquittal is liable to be set aside.

6. In order to be convicted for an offence punishable under Section 493, IPC, the man must by deceit cause any woman who is not lawfully married to him to believe that she is lawfully married to him and to have sexual intercourse with him with that belief.

7. Thus two ingredients are necessary in order to establish an offence under Section 493 of the IPC, viz. i) the man must have deceitfully induced the woman to believe that she is his lawfully married wife and ii) with such belief to make her cohabit with him.

8. In the present case the complainant has examined four witnesses to establish her case. The P.W. 1 is the manager