CHOUDHARY Vs. DEVI RAM

JUDGEMENT

(1.) This is a reference under Section 438, Criminal P. C. by the District Magistrate of Mahasu recommending that this Court, in exercise of its revisional jurisdiction, should set aside the order of a first class Magistrate of Solan acquitting the accused Devi Bam of cm offence punishable under Section 498, Penal Code, and order his retrial.

(2.) A complaint was filed by one Chaudhari on 18-9-1948 that about 6 years ago the accused had enticed away the complainant's legally wedded wife Mt. Dilgiro, knowing her to foe the complainant's wife, and that he had been detaining her and having illicit intercourse with her. The accused admitted Mt. Dilgiro being Choudhary vs. Devi Ram and Ors. (26.10.1950 -HPHC) Page 2 of 7 the complainant's wife but he denied that he had enticed her, or had been detaining her, or that he had illicit intercourse with her. He stated that she was his wife's cousin and had come to his house in hia absence, and had been living there, of her own accord. He also stated that when she came to his house he had a report lodged in the police, and that as soon as his own wife died he gave complainant notice on 9-9-1948 to take Mt. Dilgiro away. The accused proved both the report and the notice and produced witnesses who supported the above contentions. One of them, also stated that, although requested several times during those 5 years, the complainant had refused to take back Mt. Dilgiro. Among the witnesses produced by the complainant was Mt. Dilgiro, who, besides supporting the defence contentious, also stated that she had been turned out by the complainant.

(3.) The trial Court, the 1st class Magistrate of Solan, framed a charge against the accused under Section 498, Penal Code, and, on a consideration of the evidence produced by the parties, came to the conclusion that enticement had not been proved, and that Mt. Dilgiro was related to the accused's wife and had been living at his house of her own free-will and had not been detained there by the accused, and he acquitted the accused.