The Empress Vs. Pitambur Singh

The Empress vs Pitambur Singh

Type Court Judgment Court Kolkata Decided Dec 08, 1879

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Citation: sooperkanoon.com/867785
Court: Kolkata
Judge: Richard Garth, Kt. C.J., ;Jackson, ;Pontifex, ;Morris and ;McDonell, JJ.
Decided On: Dec 08, 1879
Subject: Family

Case Summary

AI-generated summary - not the official court judgment text.

Adultery - Evidence of Marriage--Evidence Act (I of 1872), Section 50. -

Key legal issue: Family

Parties & Advocates

Appellant / Petitioner

The Empress

Respondent

Pitambur Singh

Legal References

Reported In: (1880)ILR5Cal566

Excerpt

adultery - evidence of marriage--evidence act (i of 1872), section 50. - richard garth, c.j.1. we think it clear that, in this case, the evidence of the marriage is not sufficient to justify a conviction for adultery.2. the marriage of the woman, as observed by the learned judges who referred the case, is as essential an element of the crime charged as the fact of the illicit intercourse, and the provisions of the evidence act (section 50) seem to point out very plainly, that where the marriage is an ingredient in the offence, as in bigamy, adultery, and the enticing of married women, the fact of the marriage must be strictly proved in the regular way.

Full Judgment

Richard Garth, C.J.

1. We think it clear that, in this case, the evidence of the marriage is not sufficient to justify a conviction for adultery.

2. The marriage of the woman, as observed by the learned Judges who referred the case, is as essential an element of the crime charged as the fact of the illicit intercourse, and the provisions of the Evidence Act (Section 50) seem to point out very plainly, that where the marriage is an ingredient in the offence, as in bigamy, adultery, and the enticing of married women, the fact of the marriage must be strictly proved in the regular way.

Same Parties The Empress vs Pitambur Singh Same Subject Family Same Judge Richard Garth, Kt. C.J., ;Jackson, ;Pontifex, ;Morris and ;Mc...

Family