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Emperor Vs. Buddhu and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1920)ILR42All401
AppellantEmperor
RespondentBuddhu and anr.
Excerpt:
act no. xlv of 1860 (indian penal code), section 498 - enticing away a married woman--evidence of marriage--mere statement of complanant not sufficient. - - 166, has laid down that a court trying a case under section 498 of the indian penal code should require some better evidence of the marriage than the mere statement of the complainant and the woman. there appears to be no evidence of a better kind in this case......j.1. buddhu and juggan, who have .been convicted of an offence under section 498 of the indian penal code, have put in an application praying for revision of their sentences. in their application they have called particular attention to the fact that the conviction under section 498 of the indian penal code cannot be sustained inasmuch as it has not been strictly proved that marriage and all necessary rites were duly celebrated between the complainant and the woman in question. they have also pointed out that the mere statement of the husband that he is married to the woman is not sufficient to sustain a conviction. this court, in queen-empress v. dal singh (1897) i.l.r. 20 all. 166, has laid down that a court trying a case under section 498 of the indian penal code should require.....
Judgment:

Knox, J.

1. Buddhu and Juggan, who have .been convicted of an offence under Section 498 of the Indian Penal Code, have put in an application praying for revision of their sentences. In their application they have called particular attention to the fact that the conviction under Section 498 of the Indian Penal Code cannot be sustained inasmuch as it has not been strictly proved that marriage and all necessary rites were duly celebrated between the complainant and the woman in question. They have also pointed out that the mere statement of the husband that he is married to the woman is not sufficient to sustain a conviction. This Court, in Queen-Empress v. Dal Singh (1897) I.L.R. 20 All. 166, has laid down that a court trying a case under Section 498 of the Indian Penal Code should require some better evidence of the marriage than the mere statement of the complainant and the Woman. There appears to be no evidence of a better kind in this case. I set aside, the conviction and sentence and direct that Buddhu and Juggan, if in custody, be released, if on bail they bail bonds be discharged.


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