LexRAM CHANDRA BHAGAT versus STATE OF JHARKHAND
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A B [2010] 13 (ADDL.) S.C.R. 1094 RAM CHANDRA BHAGAT v. STATE OF JHARKHAND (Criminal Appeal No(s). 439 of 2006 etc.) NOVEMBER 24, 2010 [MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] Penal Code, 1860: c s. 393 - Cohabitation caused by a man deceitfully inducing a belief of lawful marriage - Complainant and accused lived together for nine years and had two children - Accused stated to have turned the woman out of his house - Complaint by the woman that accused had given her 0 assurance to marry her and even executed an agreement to this effect - Conviction by trial court - Upheld by appellate court as a/so by High Court - HELD: Per Katju, J - When the complainant's own case is that the accused had as.<;ured her that he will marry her, it is obvious that she was not under E any belief that she was already married to him - A criminal statute has to be construed strictly -Unless all its ingredients are satisfied the person cannot be punished, otherwise, there will be violation of Articles 20(1) and 21 of the Constitution of India - In the instant case, as the ingredients of s. 493 are not satisfied, the appellant is entitled to acquittal - Per Gyan F Sudha Misra, J - The specific issue with which the Court is confronted with in the instant appeal is confined to the question as to whether the judgments and orders of the trial court, first appellate court and the High Court, which have concurrently held the appellant guilty of an offence u/s 493, G under the facts, circumstances and evidence of the case, are fit to be sustained or not - Ingredients of s.493, explained - There is overwhelming evidence, that the victim and the accused had cohabited for long nine years and during this period, the accused had also executed an agreement of H 1094 RAM CHANDRA BHAGAT v. STATE OF JHARKHAND1095 marriage and in addition had filed an application for A registration of their marriage under the Special Marriage Act - Besides, in several official documents which are the voter lists of the constituency concerned for several years consecutively, she had been shown to be the wife of the accused - Thus, there was sufficient documentary evidence B to induce a belief to the complainant that she had been lawfully married to the accused although they had not been married according to the rituals - s. 493 does not presuppose a marriage between the accused and the victim necessarily by following a ritual or marriage by customary ceremony - c What has been clearly laid down and emphasized is that there should be an inducement of belief in the woman that she is lawfully married to the accused, and the inducement of belief of a lawful marriage cannot be interpreted so as to mean or infer that the marriage necessarily had to be in accordance 0 with any custom or ritual or under Special Marriage Act - If the evidence on record indicate inducement of a belief in any manner in the woman which cannot possibly be enlisted but from which it can reasonably be inferred by ordinary prudence that she is a lawfully married wife of the man accused of an offence uls 493, the same wt11 have to be treated as sufficient E material to bring home the guilt u/s 493 ...: Interpretation of the Section in any-other manner including an assertion that the. marriage should have been performed by customary rituals or in similar manner only in order to establish that a belief of marriage had been induced, is bound to frustrate the very F object and purpose of the provision for which it has been incorporated in the Penal Code which is clearly to prevent the deceitful act of a man inducing the belief of a lawful marriage for the purpose of cohabitation merely to satisfy his lust for sexual pleasure - Ingredients of s. 393 are clearly fulfilled in G the case. By the Court: Since there is a difference of opinion, the matter be placed before the Chief Justice of India for sending it .before another Bench. H 1096 SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R. A Moideenkutty Haji and others Vs. Kunhikoya and others, B c AIR 1987 Kerala 184; and Dr. A.N. Mukerji Vs. State, IR 1969 Allahabad 489 - referred to. Case Law Reference: AIR 1987 Kerala 184 referred to AIR 1969 Allahabad 489 referred to para 14 para 14 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 439 of 2006. From the Judgment & Order dated 08.09.2005 of the High Court of Jharkhand at Ranchi in Cr. Rev. No. 788 of 2005. Deba P
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