CHANDE RAM BASHAKU Vs. STATE

JUDGEMENT

(1.) ON a reference made by Din Mohammad J. , a Division Bench of the Lahore High Court consisting of Young C. J. and Blacker J. held in -- 'harnam Singh v. Emperor', AIR 1939 Lah 295 (A), that the word "detains" in Section 498, Penal Code, implies some act on the part of the accused by which the woman's movements are restricted and this again implies unwillingness on her part and mere persuasion by means of blandishments or similar inducements is not included in the word "detention".

(2.) IN the present case the whole thing seems to be doubtful. It is not satisfactorily proved that the complainant was married to Mst. Lali, nor is it satisfactorily proved that there was detention by chande Ram of the woman.

(3.) IN these circumstance's I am of the opinion that no case has been made out against the petitioner under Section 498, Penal Code. I, therefore, allow this petition, set aside the order of conviction and sentence passed on the petitioner, and the rule is made absolute.