BHOPAN Vs. CHHOTEY

JUDGEMENT

(1.) The applicant, Bhopan, applies in revision against his conviction under Section 498, Penal Code. The charge against him is that ha was detaining Mt. Bhagwati, wife of Chhotey complainant, with the intention that she may have illicit intercourse with him. This is not the first complaint filed by Chhotey against the applicant. Once before this, Chhotey had filed a complaint against the applicant under the same Section 498, Penal Code and in that prosecution Bhopan was acquitted. Inspite of this previous history Mt. Bhagwati, who is a young woman of 25 years, has been unwilling to live with the complainant. The applicant pleaded not guilty to the charge and the case set up on his behalf was that be was not detaining Mt. Bhagwati.

(2.) The learned Additional Sessions Judge, who heard the appeal, has found the charge proved against the applicant in the following words:

(3.) It is contended before me that upon these facts it cannot be held that the applicant was detaining Mt. Bhagwati within the meaning of Section 498, Penal Code.