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2019 (12) TMI 1319 - SC - Indian LawsValidity of Second Marriage during the subsistence of the first marriage - lack of evidence - offences punishable under Sections 493, 494, 120B and 506(II) IPC - HELD THAT:- Unfortunately, the High Court put the cart before the horse and held that the appellant had not produced any evidence to prove the entry in the Government Gazette though it is a relevant fact under Section 35 of the Indian Evidence Act. Much before the case could reach the stage of trial, the High Court shut the door for the appellant and preconcluded the issue as though there was no evidence at all. This is completely contrary to law - A look at the complaint filed by the appellant would show that the appellant had incorporated the ingredients necessary for prosecuting the respondents for the offences alleged. The question whether the appellant will be able to prove the allegations in a manner known to law would arise only at a later stage. Appeal allowed.
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