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lawweb   22 April 2018

Whether accused can be convicted for bigamy if he has admitt

Whether accused can be convicted for bigamy if he has admitted performance of second marriage?

 

As far as conviction and sentenced of the appellant

under Section­ 494 of the Indian Penal Code is concerned,
there is no evidence on record to establish the fact that, the
second   marriage   of   appellant   with   Mrs.   Shyamal   was
solemnized that means he   celebrated the marriage with
proper ceremonies and in due form. The Supreme Court in
the case of  Baburao Shankar Lokhande and another vs. The
State of Maharashtra and another reported in AIR 1965 S.C.
1564  has   held   that,   for     application   of   Section   494,
marriage   must   come     within   'solemnized   marriage'.
'Solemnize' means   to celebrate the marriage with proper
ceremonies and in due form.  Mere going through  certain
ceremonies  with intention to marriage  will not make the
ceremonies  prescribed by law or approved by customs. It is
further held that, it is essential for the purpose of Section
17 of the Hindu Marriage Act,   the marriage   applies on
account   of   the     Act,   should   have   been   celebrated   with
proper ceremonies and in due form. It is further held that
merely going through certain ceremonies with the intention
that the parties be taken to be married will not make the

ceremonies   prescribed   by   law   or   approved   by   any
established   custom.       In   the   present   case   to   prove   the
second marriage of the appellant the prosecution has relied
upon the admissions given by the Mr. Pandit Kamble (P.W.1)
father   of   the   deceased   Shyamal   and   Smt.   Ujwala
Suryawanshi (D.W.2) sister of the appellant. The Supreme
Court  in  the  case  of  Kanwal  Ram   and  others  vs.     The
Himachal Pradesh Administration  reported in  1966 SC 614
while relying on the ratio laid down by the Supreme Court
in the case of Bhaurao Shankar Lokhande (supra)   has
further held that, in a bigamy case, the second marriage as
a fact, that is to say, the essential ceremonies constituting
it, must be proved. Admission of marriage by the accused is
not evidence of it for the purpose of proving marriage in an
adultery or bigamy case. As noted herein above, there is no
evidence on record to establish the fact beyond reasonable
doubt that the appellant in fact had solemnized marriage
with Mrs. Shyamal on 1.4.2012, the view expressed by the
Supreme Court in the case of   Baburao Shankar Lokhande

(supra) is followed by it in the case of Kanwal Ram (supra),
in Smt. Priya Bala Ghosh vs. Suresh Chandra Ghosh reported
in   1971  (1) SCC 864 and in  Laxmi Devi  (Smt.) Satya
Narayan and ors. reported in (1994) 5 SCC 545.
9. There is no evidence on record to establish that, the
appellant   performed     second   marriage     by   following
necessary and essential ceremonies as per the mandate of
law. It is therefore, clear from the evidence on record that
the marriage between the appellant and the deceased Mrs.
Shyamal was not established beyond reasonable doubt by
the prosecution and consequently does not come within the
purview   of   Section   494   of   the   Indian   Penal   Code   even
though the first wife of the appellant Mrs. Sangeeta was
alive  when he married with Mrs. Shyamal in April, 2012.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL  APPELLATE JURISDICTION
         CRIMINAL APPEAL NO.672 OF 2016
WITH
               CRIMINAL APPLICATION NO.197 OF 2018

Vidyasagar  Irappa Mane, Vs The State of Maharashtra,

                                     CORAM: A.S.GADKARI, J. 
 DATE :13TH APRIL, 2018.

https://www.lawweb.in/2018/04/whether-accused-can-be-convicted-for.html



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 1 Replies

Kumar Doab (FIN)     22 April 2018

Thanks for sharing in the forum.


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