Karnataka High Court
Smt S J Stella vs Shri Rajesh on 11 April, 2012
Author: Jawad Rahim
Bench: Jawad Rahim
'N HE FITG.i jURY flF KARNATAKA AT BANGAL flRf
DAT" Z1HE 11 AY OF APR 012
TIlL MR C JAVA M
.A. No. 1044 OF 2008
BE WhEN:
SMT.S..SfF -4
AGED ABG' YEARS,
DAUGH rEf HRI S.JO IN,
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4SE[. fl -. -- L '' SESSIONS JUDL. k 131 AR Th
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respondent and questioned him as to how he could declare
she is his wife when he was already married to another
woman. It is alleged he assured her he would obtain
divorce from his first wife and continued matrimony with
her. On such assurance, he had intercourse with her and
lived in cohabitation thereafter.
f) The physical intimacy impregnated her, resulting in
the birth of a girl child on 18.5.1998. Even after the child
was born, he had not divorced his first wife and it is alleged
he failed to take care of her and the new born. When she
reminded him of his promise and declaration about the
marriage, it is alleged he retracted from his earlier stand
and left her in a lurch.
g) On the basis of these allegations, she sought
prosecution of the respondent for the offence punishable
under Section 493, LP.C. Cognizance was taken by the
jurisdictional magistrate and accused was summoned to
face trial. He denied the charge.
F I he th tao ppe ler nd
evidence as PW1 and examined Chandiakumar as PW2 and
,injvaca a "Vfl tn suppoit her charqc. Fx.D1 's tht
d tcO ttt ip le y
t er dgair t the reaponac t. Re's ondent on his art wt C.
deriving the charge, relied on Exs.D1 to D3.
le tr ge sdr iee n
decom.)ananta1d her v tnesse opined t estaF ished tie
charge tnt the offence under Section 493, I.P.C. and
sequer y Co ted res o dent iten hiri
pit isc itt yea dt a
Rs.5 OOfl• This wac assailed 'n CrI.Apgeai No 40/07
lear iu a." dth en
( CU thz 'or nar i ta o E isti
.Parq. to thp uife;ir- :;n.jer '-i• 493 j.ii. and
.1 I'' 1 ii!'nj t c '-91: • ar;t ; 'hi--
4 I,c c ii:i lear SC.
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t'. '--r •--' 'C..qtS: t t'.•• '.. •:'fl4;•fl_ !k:. • Jb
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ola t ha sabl. es nt
sexual intercourse with ner on the basis of declaration that
F•e hdd varrue! her nrdinq tc, rilfEcti?,, .d5ton' I :d
ef Ii g ier t tie 3
intair bit R erencc s made by the i to thc evider
on recora to shots complainant had established paternity of
girl hldb totr St nsp edt was
?tI lh th or ar ott vide
t'as required to sustain the charge tjr the offence under
Section 493 Thus he seeks -e';e-sal ot t-h.- juagment nf
ita o € 0
S 'earned counei for the recpondent has upporred
'lip' ocd ju9ment o the aopellat crt
t ic.. bc de '-r ved
• lrricieaT..flu, csarV: it haS ;fl pr adrn:'.d cet-p!n. '
r 1
u a r 'e'
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. c'fty- rj rft -- •.' e
sat :r.4'. :t---...r-.n t1'". "
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"i °ib ittt eu f lymi C toh i the
von jes na bkd a n
wnnan wti.
1 . hot iawfulit mar' ied tc' him ti- !,elie e that
che gc lawfully man 'ed tn t
iim arc' r robahit r i'ave ,ev.ual
ml ourse v lii him l;t bel snail punisi c wit;
Cc
C or c it
ec id to t , veams. and shal also be mable to me.'
Therefore, to custain thc chdrge undet Section 493, there
must be eroc't that the nan had by deceit maae a woirian
1 ly t
4 Lot ttl S i
legaly married to hm an ohabut have ual
nterrourse in that belief. Tnerero,e, the first aspect to bce
Drcwed is. deceit 'ndu.aed into I the arnsed must -esuit
wor •Iuev 3b'f a'r't er
ft €1 Cu hi ito S
i shun I,' it- t'.. -L ,'stan' -% ire pin-ed, Iif •
,.nanr C. tub.. 4's,. r' . ;. -d &. rIoifltflr-3J.-
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was married to a woman called Jes'ntha and was living with
he in m3tri nony as hi sbond wh n ne i al egd to have
oferci ar, ie o plilc t. n-er e
"nthnut saying that the complainant was aware that during
th si si ten e ft e e rue n arnag be neen ajesh and
Je intha, she woild not be his leqall n 3rred 'if The
reievant portion reads thus:
ungne3 It Jy, 9 te cied
and his fnend one Chandrakumar, So.Mani
-'ent to the house of the comj 'ainant when
o eo he a ily nenb 5 er preset. le
offered her a gold finc'er ring and asked her to
v'ear it As soon as the complainant put the
nqo ief e t ociediif 'rid a
he hdd married her and she became his wife.
He had also said that puttino ring in front cf a
ra i fm conan e
he complainant protested -aid said that since
he :,aa already mdrred 'ne Jecintna nfl
o h
3 ci a r
he dC used oninced net stating tt.af his
marriage vitl said Jesintha 'as iu' ef
r rot r e
ith c"mjlarr.ant Itie rCt used hr)
.rfc,t -nec' h r rF at hi-- •ra r'ed ste i.,4+ ti-c. s'iJ
sI 1 te nl
tiatn, (134 (tt( p.irnach.tcj.. 39g. ') F. . iø
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bein. known to her she canrut new put e voIfr fate t Sy
she believed she was legally married to him by c-ychapoe of
'irig
9 Th.cni orsiec ta I e
assuice )f tIt esodnt hit ecrar'g f mo
completes the pro -e s of r arriag n C'iristi nty ter
statement that he I-ac' assured her h would obtain divorce
from his first wife shows complainant could not h?ve
beliesed herself to be legally marriad to him 'inlesc 'esintha
was dn.orted from the resnondent-Raiesl'. The nature if
allegations made by the complainant certainly do not come
nthr, me a. schief of Section 493. p (. flicugt it may gi'e
"se to a 'narge for arw o'ner ofe',ct. under me Penal Lode
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