EMPEROR Vs. BUDDHU

JUDGEMENT

(1.) BUDDHU and Juggan, who have .been convicted of an offence under Section 498 of the Indian Penal Code, have put in an application praying for revision of their sentences. In their application they have called particular attention to the fact that the conviction under Section 498 of the Indian Penal Code cannot be sustained inasmuch as it has not been strictly proved that marriage and all necessary rites were duly celebrated between the complainant and the woman in question. They have also pointed out that the mere statement of the husband that he is married to the woman is not sufficient to sustain a conviction. This Court, in Queen-Empress v. Dal Singh (1897) I.L.R. 20 All. 166, has laid down that a court trying a case under Section 498 of the Indian Penal Code should require some better evidence of the marriage than the mere statement of the complainant and the Woman. There appears to be no evidence of a better kind in this case. I set aside, the conviction and sentence and direct that BUDDHU and Juggan, if in custody, be released, if on bail they bail bonds be discharged.