NAURANG Vs. EMPEROR

JUDGEMENT

(1.) THE point of law taken by this application is whether a person who entices away a married woman from her husband s house, with intent that he may dispose of her in marriage to some one else, has committed an offence under Section 498 of the Indian Penal Code. I hold in the affirmative, on the ground that sexual intercourse between the woman and any other person to whom she has thus been given in marriage, during the life-time of her husband, would be illicit intercourse within the meaning of the section in question. An examination of the record in this case suggests some doubt as to whether a more serious offence, falling under the abduction sections of the Indian Penal Code, was not committed; that under the circumstances, and in view of the fact that the applicants Naurang and Tota were re-tried after having been once discharged and that the sentence passed upon them is a fairly substantial one, I am not disposed to direct further action to be taken against them. I dismiss this application.