Principles

·  Criminal Law—Enticement of married woman—Penal Code, s. 434—Elements of office—Covertures—Active assistance in elopement

A Conviction for enticing away a married woman under Penal Code, s. 434 requires a showing that (i) the woman was living with her husband at the time of the enticement, and (ii) that accused actively assisted her in leaving the husband.
 

Judgment

Advocate: Abdalla Negib … … … …………………………………………... for accused

   M. A. Hassib J. By authority of the Chief Justice, August 2, 1961: — This appeal is against the finding of guilty under Penal Code, s. 434, and sentence against accused.

The gist of the offence is taking or enticing away a wife from her husband when the accused is aware that the woman is married.

 Sudan law is identical with Indian Penal Code, s. 498. In India it was decided by the Madras High Court that the woman must have been at the time of her elopement living in coverture. See 4 Gour, Penal Law of India 2595 (7th ed. 1962). For this section and section 433 (adultery by a married woman) have been enacted for the protection of the husband. Consequently, if the wife leaves her husband’s protection before any attempt is made to take or entice her away; her subsequent seducer cannot be dealt with under section 434, though he may render himself liable for adultery. Before accused can be convicted there must be evidence of his taking or enticing her from the husband or the guardian. Again, taking out should not necessarily be by force, but the evidence must show some influence operating on the woman, i.e., accused should have personally and actively assisted the wife to get away.

 In this case there is no evidence sufficient to show that accused actively assisted complainant’s wife to get away from her husband.

I therefore quash the finding and sentence.