Indian Penal Code, 1860, Section 493, 496, 420, 376 -- Offence u/ss 493, 496, 420, 376 IPC - Framing of charge - Prosecutrix aware of accused's subsisting marriage - Marriage between prosecutrix and accused was impossible as it was prohibited by law because both were having subsisting marriages when they entered into a relationship, which is nothing more than extra martial..........
Indian Penal Code, 1860, Section 493 -- Promise to marry - Sexual intercourse - Refusal to keep promise - Offence u/s 493 IPC not attracted, as provision is attracted only if accused by deceit caused her to believe herself to be lawfully married to him, which is absent in the case...........
Indian Penal Code, 1860, Section 493 -- Marriage - Misconception of fact - Even though marriage was not performed as per Hindu rites and rituals, however, registration of marriage is sufficient for prosecutrix to believe that she was legally wedded wife of accused, thereby, creating a misconception in her mind - Offence u/s 493 IPC thus, attracted - Accused rightly..........
Indian Penal Code, 1860, Section 493 -- Offence u/s 493 IPC - Matrimonial ties between appellant and respondent will be deemed to have subsisted during the entire period under reference as ex-parte divorce decree obtained by respondent was set aside - When a lawful marriage indeed existed between parties, there is no question of deceit on part of respondent - Offence u/s..........
Indian Penal Code, 1860, Section 493 -- Ingredients of the offence u/s 493 IPC are : (i) the accused practised deception; (ii) such deceit was to induce a woman to believe that she was lawfully married to him; and (iii) there was cohabitation or sexual intercourse as a result of the deception...........
Indian Penal Code, 1860, Section 493 -- Deceitful cohabitation - Promise of marriage - Evidence on record does not show that accused practiced any deceit which made the deceased to believe that she was lawfully married to him and in pursuance of the same they cohabited or had sexual intercourse - Ingredients of S.493 IPC not attracted - Accused acquitted...........
Indian Penal Code, 1860, Section 493, 494, 495, Hindu Marriage Act, 1955, Section 7, 11, 17 -- Acquittal - Validity - Held, if alleged second marriage is not valid one according to law applicable to the parties, it will not be void by reason of its taking place during life time of husband or wife of the person marrying so as to attract S.494 IPC - Again in order to hold..........
Indian Penal Code, 1860, Section 493 -- Offence u/s 493 IPC - Cognizance can be taken on the basis of complaint of victim and not on the basis of police report...........
Indian Penal Code, 1860, Section 493 -- Offence u/s 493 IPC - In order to attract S.493 IPC it has to be shown that cohabitation was caused by accused deceitfully inducing the lady to believe that there was lawful marriage between them - Complainant admitted in her evidence that neither before nor at the time of cohabitation there was any promise of marriage and that said..........
Indian Penal Code, 1860, Section 493 -- Deceitful representation of accused made complainant believe that she is lawfully married wife of accused and she cohabited with him - Held, offence u/s 493 IPC is committed...........
