Judgement

P. B. GAJENDRAGADKAR, J. : This criminal appeal raises a short question about the construction of the word "detains" occurring in S. 498 of the Indian Penal Code. It arises in this way. The two appellants were charged before the trial Magistrate under S. 498 of the Code in that on or about October 27, 1952, at the village Mohania they wrongfully detained Mst. Rahmatia, the legally married wife of the complainant Saklu Mian, when they knew or had reason to believe that she was the wedded wife of the complainant and was under his protection, with intent to have illicit intercourse with her. The prosecution case was that Mst. Rahmatia had disappeared from her husband s house on October 21, 1952; the complainant made search for her for several days but was not able to trace her whereabouts. Ultimately he filed a complaint at the police station after he was informed by Shekoor Mian (P. W. 4) that he had seen the complainant s wife at the house of the two appellants. The complainant then went to the house of the appellants along with Shakoor Mian (P. W. 4), Musa Mian (P. W. 2) and Suleman Mian (P. W. 3); they saw the woman in the house of the appellants whereupon the complainant