NIYAMAT KHAN Vs. GAFFAR KHAN

JUDGEMENT

(1.) COMPLAINANT Nivamat Khan has filed this appeal against the acquittal of the respondent Gaffar Khan of the offences under Sections 497 and 498 I.P.C. directed by the learned Munsif Magistrate First Class, Ajmer City on June 30, 1972.

(2.) I have beard arguments and perused the record. The prosecution case was that Mst. Bashiran was the wife of the complainant Niyamat Khan. The accused enticed her away on 7 -11 -67 along with cash and ornaments, Niyamat Khan lodged a complaint under Section 380 and 498 I.P.C. but only a charge under Section 498 was framed of which the accused was acquitted on 30.4.59, because it was frond that Mst. Bashiran was turned out of the house by the complainant and was living with her brother in -law The complainant filed another complaint on 11.4.67 under Section 497 and 498 I.P.C. against the accused alleging that the accused bas detained Mst. Bashiran with the intent that he may have sexual intercourse with her She was shown as the wife of the accused in electoral roll of the year 1967, and she had also child by him on 16.3.67 which established that the accused is having adulterous inter -course with her.

(3.) THE earned Counsel for the complainant submitted that under Section 497 I.P.C., every act of sexual intercourse amounts to adultery and the accused can be prosecuted for all such different acts. In the first complaint, he failed to prove his allegation about the adultery but now with the advent of the child of the unlawful union, it was conclusively established that there has been adulterous cohabitation between the two. The earned Counsel for the respondent, on the other hand, submitted that the courts have held it undesirable to prosecute the accused for successive acts. Moreover, connivance as held by the learned lower court has been fully established.