JUDGMENT : Barman, J. - The accused Petitioner aged 20 years who is said to be a teacher of a village school was convicted on a charge of having enticed away a married girl aged 17 years with the intention of having illicit intercourse with her as alleged. The defence to the alleged charge was that the marriage of the girl P.W. 14 with her husband P.W. 8 has not been proved; and further that the alleged enticement with the intention of marrying her was also not established. The learned Magistrate however found that the complainant husband had proved his case that the accused was taking away the girl with the intention of having illicit intercourse with her with the full knowledge of her previous marriage with the complainant and sentenced him to undergo rigorous imprisonment for one year. In appeal the learned Sessions Judge while upholding the conviction u/s 498, Indian Penal Code for alleged enticement of the married woman reduced the sentence to rigorous imprisonment for six months only. Hence this criminal revision by the accused Petitioner. 2. The witnesses to the marriage are p.ws. 1 to 7 who consistently said that the complainant P.W. 8 and the victim girl P.W. 14 were married a few years ago. On behalf of the defence it is said that there was no evidence of any Purohit having celebrated the marriage and that the marriage was not strictly proved. P.ws. 3, 5 and 6 are said to have witnessed the marriage. The accused is said to be a relation and co-villager of the complainant and presumably knew about the relationship between the complainant and the victim girl as husband and wife suggested that according to custom in complainant?s caste, no Purohit is necessary. Both the trial Magistrate and the learned Sessions Judge found that there was sufficient proof of marriage. I find no reason to take a view different from the finding of the two courts regarding the factum of marriage. 3. As regards the taking away of the victim girl by the accused Petitioner with the alleged intention, the evidence of p.w.9 is that while he was ploughing his land for cultivation he found the accused going with a woman who was identified by him as the wife of the complainant. P.w. 10 also said to the same effect. 3. As regards the taking away of the victim girl by the accused Petitioner with the alleged intention, the evidence of p.w.9 is that while he was ploughing his land for cultivation he found the accused going with a woman who was identified by him as the wife of the complainant. P.w. 10 also said to the same effect. In my view, such evidence as to the accused Petitioner and the girl P.W. 14 going together in broad day light in the manner as stated by the witnesses by itself would not have been sufficient to establish taking or enticing away the woman with the intent that she may have illicit intercourse with any person. In the present stage of any civilised community, a contrary view would be atrocious. Merely going together of a man with a married woman (not the man?s wife) is not all that bad happened here. There is something more which makes the position different as hereunder discussed. 4. There are in evidence two love letters said to have been written by the accused to the complainant?s wife which show the intention of the accused. The contents of the two letters as translated into English are these: To (Love) my dear Suguna, From Ramchandra Chintada Please let me know your continued love for me. Therefore in case you have liking for me, you should remain for a month with me. There is no use of my seeing your face or your seeing my face. Therefore you should open your heart and express your feelings. My uncle knows all about this. He alone told me. Your lover Signed. Letter written by Ramchandra Chintada. My dear Suguna, Please intimate the reason why you have so much of love on me. Sd- It is clear from the letters that it was not a case of mere platonic love which the accused expressed therein; there is, a clear suggestion by the accused of his intention to have illicit intercourse with the woman to whom he had written the letters. Thus the conduct of the accused Petitioner and the spirit in which he had written the letters to the complainant?s wife clearly establish that he was taking or enticing away the woman with the criminal intention of having illicit intercourse with her. 5. Thus the conduct of the accused Petitioner and the spirit in which he had written the letters to the complainant?s wife clearly establish that he was taking or enticing away the woman with the criminal intention of having illicit intercourse with her. 5. Thus the marriage of the woman and the criminal intention of the accused having been established, there is no escape for the accused Petitioner from the conviction u/s 498, Indian Penal Code. 6. As regards sentence, however, there are certain extenuating circumstances which the learned Sessions Judge, while reducing the sentence, has taken into consideration. The accused is said to be a young school teacher aged only 20 years and the girl is also aged 17 years-both of them being young persons of immature age. In these circumstances I would further reduce the sentence to only a fine of Rs. 50-/; in default of payment of fine to undergo rigorous imprisonment for six months. 7. In the result, therefore, this revision is dismissed with the modification in the sentence as aforesaid. Final Result : Dismissed