STATE THROUGH SHANKAR DATT Vs. TEK RAM

JUDGEMENT

(1.) This is an application in revision by Tekram Naithani a resident of village Karakote, in the district of Garhwal, who has been convicted of offences punishable under Sections 497 and 498 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year under each of those Sections, the sentences to run concurrently. Against his conviction and the sentences imposed upon him. he had preferred an appeal to the Sessions Judge of Kumaun, but that appeal was dismissed He has now come up to this Court in revision.

(2.) The charges framed against the applicant Tekram, were firstly, that on June 22, 1949, he had had sexual intercourse with Kamla, who was and whom he knew or had reason to believe to be, the wife of Sitaram, without the latter's consent or connivance, such intercourse not amounting to rape; and secondly, that, on the same date, he enticed away Kamla aforesaid with the intention of having sexual intercourse with her.

(3.) It has been found by the courts below that in village Karakote there lives an old man, named Shankar Datta Jayal. He has a son, Sitaram, who is employed in Delhi and lives there most of the time. Sitaram's wife, Kamla, lived with her father-in law. On the 22nd June, 1949 in the afternoon. Kamla was asked to bring water from a water course, She went out but did not return. A search for her revealed that Vishalmani had seen Tekram having sexual intercourse with Kamla near the water course and that both were seen by Bachi leaving the village together, Tekram took Kamla to the Tehri State where he committed adultery with her on several occasions. Later on, they were noticed by the police, who were able to arrest Kamla but Tek ram managed to escape. Tekram surrendered in court when this case was started against him.