Decided on October 22,1992



- (1.)This Criminal Revision is directed against the acquittal recorded by the learned II Additional Judicial I Class Magistrate, Eluru acquitting the first respondent, the sole accused, in C.C.No. 136 of 1987 on his file. Aggrieved by the same the defacto-complainant who was examined as P.W.1 in the trial Court, filed the revision.
(2.)The case of the prosecution in brief is that P.W.1 is a resident of Venkata Krishnapuram village. It appears that she studied S.S.C. during the year 1985-86 but failed and was again studying the same class, and for the said purpose she was daily going to Gopannapalem where there is a High School. In the said process P.W.1 came into contact with the accused. It is to be noted that the accused owns about Acs. 7-00 of land at Dibbagudem which is very close to Venkatakrishnapuram and was employed in the Syndicate Bank at Eluru. In view of the fact that the accused owning lands at Dibbagudem, he was living at Dibbagudem village and was daily going to Eluru to attend to his duties in the bank. It is also on record that while proceeding from Dibbagudem to Eluru Venkatakrishnapuram and Gopannapalem are on the way to Eluru. While going from Dibbagudem to Eluru the accused was seeing P.W.1 going to the school and offered P.W.1 a lift on his motor cycle. It appears initially P.W.1 was not inclined to have the lift but subsequently agreed to go to Gopannapalem as a pillion rider. It is the further case of the prosecution that the said acquaintance ripen into a close friendship and subsequently on 6-6-1986 promising to marry P.W.I, the accused took P.W.I, her parents etc., to the Office of the Sub-Registrar who is also the Registrar of Marriages, obtained the signatures of the parents of P.W.1 and P.W.1 on a stamped paper, went inside the Sub-Registrar's Office and returned back after some time saying that the marriage was duly registered. It is the further case of the prosecution that thereafter for about six months, the accused and P.W.1 lived as wife and husband in the house of the accused but later the accused deserted P.W.1 and when P.W.2 who is no other than the father of P.W.1 got the accused contacted through elders P.Ws. 3 to 6, the accused denied to have anything to do with P.W.I, as a result P.W.1 gave Ex.P-1 which set the law in motion and having enquired into the matter the police registered a case under Sections 420, 493 and 495 of the Indian Penal Code and having considered the entire oral and documentary evidence the learned Magistrate acquitted the accused and having aggrieved by the same. P.W.1 has filed the present revision.
(3.)Since this is a revision against an acquittal the principles to be borne while appreciating the evidence, which are well laid by the Supreme Court and other High Courts and which are cited by the learned advocates appearing for both sides are as follows:

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