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2015 Supreme(Ori) 170

J.P.DAS
Rajani Patel – Appellant
Versus
Naresh Chandra Naik – Respondent


Advocates:
Advocate Appeared:
For Appellant : M/s. S. K. Mund, and D.P. Das.
For Respondent: M/s. A. K. Dhal and A. Mohanta.

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














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