PRIYA BALA GHOSH vs SURESH CHANDRA GHOSH

The Supreme Court held that to establish an offence under Section 494 IPC, the prosecution must prove that the alleged second marriage was valid and performed according to the essential religious rites applicable to the parties. The Court found that the admission made by the respondent in earlier proceedings could not be relied upon as evidence of the second marriage due to the lack of opportunity for the respondent to explain the incriminating statement. Consequently, the acquittal of the respondent by the High Court was upheld, as there was no evidence of the essential rites of Homo and Saptapadi being performed for the second marriage.