(Matrimonial Offences) Burden Lies Upon Prosecution To Prove First Marriage & Legality Of Second Marriage
Case: Kailash Vs. Gordhan and Others
Coram: Justice Anil Verma
Case No.: Criminal Appeal No.958 of 1998
Court Observation: “Appellant did not examine any independent witness in support of his marriage with the Jani Bai. Even did not produce any relevant documentary evidence for the same purpose. In absence of the material, substantive and independent evidence, the trial Court has rightly held that the appellant has failed to prove the factum of his valid marriage with respondent No.2 Jani Bai as per the Hindu rites and rituals,” the Court observed as it upheld the conclusion arrived at by the trial court.
“In a prosecution for matrimonial offences, the burden of proof lies upon the prosecution to prove the first marriage and also to prove the legality of second marriage. Therefore, reference to the aforesaid admissions on the part of the accused persons / respondents about the said marriage does not in any way advance the cause of the prosecution and on that basis it cannot be held that the first marriage and second marriage were legally performed.”
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