Buddhu and Another vs Emperor

George Knox, J.—Baddhu and Jaggan, who have been convicted of an offence u/s 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 u/s 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 conviction. This Court in Queen-Empress v. Dal Singh 20 A. 166 : A.W.N. (1898) 7 has laid down that Courts trying a case u/s 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 Jaggan, if in custody be released, if on bail, their bail bonds be discharged.