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Queen-empress Vs. Dal Singh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in(1898)ILR20All166a
AppellantQueen-empress
RespondentDal Singh
Excerpt:
act no. xlv of 1860 (indian penal code), section 498 - enticing away a married woman--evidence of marriage--mere statement of the complainant and the woman insufficient. - - in cases of this kind where a false charge may easily be made of enticing away a woman, said to be a married woman, but possibly only a mistress, the court should require some better evidence of the marriage than the mere statement of the complainant and the woman......was entirely inadequate. in one view the case was merely one under section 498 of the indian penal code; but the woman, if she was the complainant's wife, was, if the evidence is true, enticed away by the accused, who had connection with her and kept her for some time. if her story is true, the accused man must in addition have committed the offence punishable under section 376 of the indian penal code. the case has not been properly tried. in cases of this kind where a false charge may easily be made of enticing away a woman, said to be a married woman, but possibly only a mistress, the court should require some better evidence of the marriage than the mere statement of the complainant and the woman. we set aside the conviction and sentence, and we direct that a further inquiry be.....
Judgment:

John Edge, C.J. and Burkitt, J.

1. In any view of this case the sentence was entirely inadequate. In one view the case was merely one under Section 498 of the Indian Penal Code; but the woman, if she was the complainant's wife, was, if the evidence is true, enticed away by the accused, who had connection with her and kept her for some time. If her story is true, the accused man must in addition have committed the offence punishable under Section 376 of the Indian Penal Code. The case has not been properly tried. In cases of this kind where a false charge may easily be made of enticing away a woman, said to be a married woman, but possibly only a mistress, the Court should require some better evidence of the marriage than the mere statement of the complainant and the woman. We set aside the conviction and sentence, and we direct that a further inquiry be held before some competent magistrate of the district, other than Syed Mazhar Ali, who can either deal with the case himself, or, if he should be of opinion that a case under Section 376 is made out, will act accordingly.


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