VENKATARAMANA Vs. GOVERNMENT OF MYSORE

JUDGEMENT

(1.) The petitioner has been convicted for an offence under Section 498, Penal Code, by the First Class Magistrate, Ramanagaram, and sentenced to undergo rigorous imprisonment for a period of six months. On appeal, the conviction and sentence have been confirmed. It is against that judgment, the revision to this Court is preferred by the petitioner.

(2.) Both the lower Courts have considered the evidence in detail and reached the conclusion. A few salient features relating to the case may be stated in order to test the appreciation of evidence. Shivalingappa, the petitioner, is alleged to have enticed away one Nanjamma, the wife of the complainant, and detained her at Bangalore with intent to have illicit intercourse with her. The complainant, the husband of the said Nanjamma, who is examined as P. W. 8 has sworn to the fact that the accused was frequenting his house and talking to his wife in familiar terms; in consequence thereof he had expressly prohibited him from visiting his house. In the complaint petition, marked Exhibit P-2, a detailed account of the relationship that existed previously between the accused and the complainant's wife has been recounted and, it is stated that, he (the complainant) straight way suspected the accused soon after he found his wife missing.

(3.) The principal witness in the case is Nanjamma herself who is examined as p. W. 1. Her account of the incident is clear and convincing. She deposes that the accused was visiting her now and then and chatting rather intimately with her. She further gives a detailed history as to how she was tempted by the offer of jewels and lands which ultimately induced her to leave her husband's house and follow the accused. She has also spoken to the fact of the accused having removed her in a car to Bangalore and kept in a house near the Mental Hospital for about 20 days. P. W. 2 deposes that the accused and P. W. 1 were living in particular rooms at Bangalore and this fact is fully supported by the evidence of P. W. 6. There is, thus, clear and cogent evidence to show that the accused has enticed away P. W. 1 and that with intent to have illicit intercourse. This is proved beyond doubt by the fact that they lived as man and wife at Bangalore for a number of days.