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PETITIONER: ALAMGIR & ANOTHER
Vs.
RESPONDENT: THE STATE OF BIHAR
DATE OF JUDGMENT: 14/11/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. SARKAR, A.K.
CITATION: 1959 AIR 436 1959 SCR Supl. (1) 464 CITATOR INFO : R 1972 SC1823 (10)
ACT: Criminal Trial-Detaining married woman with criminal intent -Detaining, if must be against will of woman-Sentence, enhancement of-Indian Penal Code, 1860 (XLV of 1860), s. 498-Code of Criminal Procedure, 1898 (V of 1898), s. 439.
HEADNOTE: One R, the wife of S, disappeared from her husband’s house. She was traced to the house of the appellants, A and his brother B. When S went there and asked A to let his wife go with him A told him that he had married her and B threatened S and asked him to go away. The appellants were charged under s. 498 Indian Penal Code for detaining R when they knew or had reason to believe that she was the wedded wife of S, with intent to have illict intercourse with her. The appellants pleaded that R was not validly married to S and that she had not been detained by them inasmuch as she was tired of living with S and had voluntarily and of her free will come to stay with them. The Magistrate found the appellants guilty, convicted them and sentenced them to undergo simple imprisonment for two months each. On appeal the Sessions Judge confirmed the conviction bu...