RAM PRASAD Vs. STATE

JUDGEMENT

(1.) Ram Prasad has been convicted by the Bench Magistrates of Bharthana in the district Etawah for an offence punishable under Section 498 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for two months and to pay a fine of Rs. 50 or, in default of payment of fine, to undergo a further term of two weeks rigorous imprisonment. He appealed against his conviction and sentence, but without any success. He has now come up to this court in revision.

(2.) The case against the applicant was started on a complaint filed, on October 13,1948, by Dwarka Prasad, the father of the married woman, named Bindu, who had been enticed away. The com plaint appears to have been transferred to the Bench Magistrates, who on October 16. 1948, examined . the complainant under Section 200 of the Code of Criminal Procedure, and then adjourned the case to November 17, 1948, for enquiry under Section 202 of the Code. An application for obtaining leave of the court, as required under Section 19y of the Code was written out on November 17,1948 ; but as the case could not be taken up on that date for want of time, the application was presented on the next date of hearing, viz,, December 1, 1918 when the leave was granted Then, the Magistrate seems to have made the inquiry and the applicant was summoned. Thereafter the trial proceeded and it was found that the applicant had enticed away Bindu, knowing that she was the wife of another person, for immoral purposes Accordingly, the applicant was convicted and sentenced as stated above.

(3.) In this revision, two points have been raised.