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6. That the trial court without any basis proceeded to believe the false story of the respondent. In the complaint, it is falsely alleged that accused introduced himself as astrologer and told her that he was engaged in doing black magic to CRL.A. No.25111/2024 remove problems in her family and it is further alleged that accused misused complainant innocent and coerced in the guise of black magic and forcibly married complainant younger daughter Smt.K.Rashmi by giving threats to her life etc. Therefore, the trial court ought to have held that story stated by the complainant in the complaint and in the evidence is unbelievable.

CRL.A. No.25111/2024 REASONS

8. POINT Nos.1 & 2: Both these points are interrelated, they have been taken up for consideration together.

9. In brief it is the case of the complainant before the trial court that the complainant is an illiterate and poor lady and when she was in critical condition in the year 2009 accused introduced himself as an Astrologer and further represented that he is engaged in black magic to remove all the problems of her family. At that time her husband was bed-ridden and two daughters out of 3 daughters were unmarried. The complainant believed the accused representations and he has misused her innocence and coerced in the guise of black magic and forcibly married to her younger daughter by giving threats to her life which she came to know and her family members in the year 2012. After the marriage the accused kept her in confinement at CRL.A. No.25111/2024 various places and threatened her daughter not disclose about the marriage and as such her daughter did not disclose the same to the complainant and her family members.

10. Further it is the case of the complainant before the trial court that apart from it the accused threatened the complainant and her husband to execute certain documents in respect of property bearing No.114/4 situated at K.R.Puram Hobli, Bengaluru and when she and her husband refused to execute any documents in respect of the said property. Accused threatened her with dire consequences that he would kill her daughter doing black magic and the complainant without no other alternative had to execute the documents before the Registrar office in the month of February and March 2014. The accused misused the documents executed by the husband of the complainant and took bank loan under the guise of purchasing the above CRL.A. No.25111/2024 said property from Syndicate Bank, Bengaluru. The said loan amount initially transferred to the husband of the complainant account and thereafter without the knowledge of her husband misusing the signatures obtained by her husband got it transferred in his account. The husband of the complainant died on 4.6.2017 and thereafter the accused tried to mislead the complainant and her daughter.