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VIKRAM NATH, SATISH CHANDRA SHARMA
Mohammed Ashraf – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. Leave granted.
2. The Trial Court convicted all the accused under Section 498-A IPC and Sections 3/4 of the Dowry Prohibition Act and awarded separate sentences for each of the offences. On appeal, all the accused were acquitted of all the charges. Surprisingly, the State went in appeal before the High Court. Before the High Court, the learned Single Judge proceeded to hear the appeal in the absence of the counsel for the respondents-accused therein and proceeded to confirm the acquittal of the parents of the present appellant as also his two sisters but at the same time reversed the acquittal of the appellant and convicted him under Section 498-A IPC only. It, however, maintained the acquittal under Sections 3/4 of the Dowry Prohibition Act.
3. Aggrieved by the same, the appellant is before us.
4. Paragraph 3 of the impugned judgment and order clearly records that the learned counsel representing the respondents before the High Court i.e., for all the five accused were absent. Despite the same, the High Court without appointing an amicus, proceeded to hear the appeal and pass the order of conviction against the appellant. On this short ground alone, the appeal deserves to b
A null and void marriage impacts the sustainability of a conviction under Section 498-A IPC.
The prosecution must prove dowry demands and cruelty beyond reasonable doubt for a conviction under Sections 498A and 304B IPC; mere allegations are insufficient.
The court emphasized that certain circumstances do not automatically invalidate allegations and that once a prima facie case is found, prosecution cannot be deemed bogus.
Once a charge sheet is filed after finding a prima facie case, it cannot be considered as a bogus prosecution under Section 482 Cr.P.C.
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