Queen-Empress vs Dal Singh

John Edge, C.J. and Burkitt, J.—In any view of this case the sentence was entirely inadequate. In one view the case was merely one u/s 498 of the Indian Penal Code; but the woman, if she was the complainant''s wife, was, if the evidence is true, enticed away by the accused, who had connection with her and kept her for some time. If her story is true, the accused man must in addition have committed the offence punishable u/s 376 of the Indian Penal Code. The case has not been properly tried. In cases of this kind where a false charge may easily be made of enticing away a woman, said to be a married woman, but possibly only a mistress, the Court should require some better evidence of the marriage than the mere statement of the complainant and the woman. We set aside the conviction and sentence, and we direct that a further inquiry be held before some competent magistrate of the district, other than Syed Mazhar Ali, who can either deal with the case himself, or, if he should be of opinion that a case u/s 376 is made out, will act accordingly.