THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.609 of 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner-appellant against the judgment, dated 06.04.2005, rendered in Criminal Appeal No.104 of 2004 by the III Additional Sessions Judge, Kurnool. Initially, the petitioner was convicted by the trial Court under section 248(2) of the Code of Criminal Procedure for the offences under Sections 420 and 493 IPC and sentenced to undergo simple imprisonment for one year for each offence and to pay a fine of Rs.5000/- for each offence, in default, to suffer simple imprisonment for three months for each default. Out of the total fine amount of Rs.10,000/-, Rs.8,000/- was ordered to be paid to the de facto complainant towards compensation. Assailing the said Judgment, the petitioner preferred appeal. In the appeal, the appellate court, while allowing the appeal partly, set aside the conviction and sentence imposed by the trial court for the offence under Section 493 IPC and confirmed the conviction and sentence imposed for the offence under Section 420 IPC and also reduced the compensation payable to P.W.1 from Rs.8,000/- to Rs.5,000/-. Heard. The brief facts of the prosecution case is as follows: The accused S.Nouman Basha @ Syed Mulla Mohammad Nouman Basha married the de facto complainant on 26.10.2000 at Urdu School, situated at Atmakur Bus Stand in Nandyal, suppressing the fact that he was already married and had five children. Some time after the marriage, the complainant on coming to know the fact that her husband is already married, questioned the same, on that the accused threatened her and her family members with dire consequences. Having no option, she gave complaint to Sub-Inspector of Police, Nandyal I Town P.S. and basing on her complaint, a case in Cr.No.83 of 2002 was registered under Sections 420 and 506 IPC against the accused. During the course of investigation, Sections 493 and 323 IPC were also added against the accused. On 13.05.2002 the accused was arrested and later enlarged on bail. Hence the charge. Prosecution in order to substantiate its case, examined P.Ws.1 to 8 and marked Exs.P1 to P3. On behalf of the accused, D.Ws.1 and 2 were examined and Ex.D1 was marked. The trial Court after appreciation of the evidence on record, came to the conclusion that the prosecution is able to establish the guilt of the accused for certain offences and convicted the accused as stated above. It is seen from the records that the learned trial Judge and the appellate Judge considering the evidence of the victim lady and her sister convicted the accused. On perusal of the record and after hearing the arguments of the counsel for the appellant, the only point that arises for disposal of the present revision is; Whether the de facto complainant proved her case beyond all reasonable doubts for the offence punishable under Section 420 IPC? Even though it is the case of P.W.1 that the accused induced her to marry him by informing that he is not married earlier, due to which she married the accused herein, the prosecution miserably failed in this case to prove the alleged first marriage of the accused and also the marriage between the accused and P.W.1. No evidence is available on record to show the alleged first marriage of the accused was in existence and also the marriage of P.W.1 with appellant- accused. No document is filed before the trial Court, even though it is the case of the prosecution and also the case of P.W.1 that the marriage was registered and the accused as well as P.W.1 signed in the documents. There is no explanation as to why such documents are not placed before the trial Court for appreciation. In the absence to prove the existence of first marriage and also the alleged second marriage, this Court is of the view that the offence under Section 420 IPC is not at all attracted. Hence, the conviction and sentence imposed upon the petitioner are hereby set aside. The criminal revision case is accordingly allowed and the conviction and sentence imposed by the trial Court and as confirmed by the appellate Court for the offence under Section 420 IPC is hereby set aside and the petitioner is acquitted of the said charge. ___________________ JUSTICE RAJA ELANGO Date:21.01.2011 Rns