Supreme Court of India · 1958-11-14
ALAMGIR & ANOTHER vs THE STATE OF BIHAR
- Citation / case number
- SC 1956/62
- Court
- Supreme Court of India
- Petitioner
- ALAMGIR & ANOTHER
- Respondent
- THE STATE OF BIHAR
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court held that under Section 498 IPC, detaining a married woman can occur through persuasion or allurement, not just force, to protect the husband's rights. The Court affirmed the conviction of appellant A for encouraging the wife to leave her husband, while acquitting appellant B due to lack of evidence of inducement. The Court found the High Court's enhancement of the sentence to six months rigorous imprisonment unjustified, stating that the trial court's discretion should have been upheld.