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SUPREME COURT OF INDIA
Pinaki Chandra Ghose, Amitava Roy, JJ.
Rajesh Ranjan Verma – Appellants
Versus
State of Bihar – Respondents
Criminal Appeal No. 535 of 2016 (@ Special Leave Petition (Crl.) No. 5794 of 2015)
Decided On : 30-05-2016
Section 498A IPC - Acquittal and Setting Aside of Conviction
Fact of the Case:
The appellant was convicted under Section 498A IPC but acquitted under Sections 304B and 306 IPC. The court found that no case could be maintained under Section 498A IPC as well, especially considering the appellant's status as a Government servant and the completion of the sentence.
Finding of the Court:
The court set aside the order of conviction passed under Section 498A IPC against the appellant, allowing the appeal on the above terms. However, the appellant was not entitled to allege malicious prosecution or claim compensation, but could apply for restoration of his job before the Government.
Issues: Conviction under Section 498A IPC and entitlement to claim compensation or allege malicious prosecution.
Ratio Decidendi: The court found that in the given facts, the conviction under Section 498A of IPC was not maintainable, especially considering the appellant's status as a Government servant and the completion of the sentence.
Final Decision: The court allowed the appeal, setting aside the order of conviction under Section 498A IPC against the appellant, with a clarification that the appellant was not entitled to allege malicious prosecution or claim compensation, but could seek restoration of his job before the Government.
ORDER :
Delay condoned.
2. Leave granted.
3. It appears that the appellant, although convicted under Section 498A IPC, has been acquitted under Sections 304B and 306 IPC. Further, on a required scrutiny of evidence on record, according to us, no case can be maintained under Section 498A IPC as well. The appellant is a Government servant and the sentence, which has been passed under Section 498A IPC, has already been served by him. In the given facts, the conviction under Section 498A of IPC is not maintainable. We, thus, set aside the order of conviction passed under Section 498A IPC against the appellant.
4. The appeal is thus allowed on the above terms.
5. However, we make it clear that this order would not entitle the appellant to allege malicious prosecution or lay any claim for compensation in any manner.
6. However, this would not stand in the way of the appellant to apply before the Government seeking restoration of his job where he has served, in accordance with law
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