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C. T. RAVIKUMAR, SANJAY KUMAR
Yashodeep Bisanrao Vadode – Appellant
Versus
State of Maharashtra – Respondent
Key Points: - Conviction under Section 498-A, IPC, with aid of Section 34, IPC, is perverse due to absence of evidence linking appellant to cruelty (!) (!) . - The Court emphasizes caution against over-implication in dowry cruelty cases and the need to identify instances of exaggeration and infer ignominy and inexpiable consequences (!) . - The appellant, being husband of the sister-in-law of the first accused, cannot be held liable under 498-A without specific material; absence of scintilla of evidence against him leads to acquittal (!) . - Essential ingredients of Section 498-A IPC: victim is a married woman, subjected to cruelty by husband or relatives, cruelty for dowry or behavior likely to cause suicide or grave injury, cruelty may be physical or mental (!) . - Trial and High Court findings against the appellant are set aside; appellant acquitted of 498-A, IPC (with 34) (!) .
JUDGMENT
C.T. RAVIKUMAR, J.
Leave granted.
1. This appeal by special leave is directed against the judgment and order dated 15.12.2020, passed by the High Court of Judicature of Bombay at Bombay in Criminal Appeal No.1014 of 2014, which was heard along with Criminal Appeal No.14/2015, both arising from a common judgment in two Sessions Cases emerged from a single First Information Report. The appellant was the second appellant in Criminal Appeal No.1014 of 2014 which was partly allowed under the impugned judgment whereunder, his conviction under Section 498-A of the Indian Penal Code, 1860 (for short, ‘the IPC’) was confirmed and the sentence imposed therefor was commuted to the period of imprisonment already undergone.
2. The second respondent, who is the father of the deceased Renuka, lodged FIR No.87/11 before Wadala T.T. Police Station on 17.04.2011 on her unnatural death occurred on 16.04.2011. Two Sessions Cases viz., 621/2011 and 853/2011 emerged therefrom. The first and sixth accused in the crime faced trial in the former Sessions Case and the appellant herein along with others faced trial in the latter Sessions Case, for the offences punishable under Sections 498-A, 304-B, 306
Cruelty – Exaggerated versions of incident are reflected in a large number of complaints and tendency of over implication is also reflected in a large number of cases – Courts have to be careful to i....
Conviction under Section 498-A IPC cannot stand on hearsay evidence alone; direct proof of sustained cruelty or harassment is essential.
The absence of evidence supporting a dowry demand negates the conviction under Section 498A unless proven that conduct resulted in cruelty independent of such demands.
Cruelty – It has to be established that woman had been subjected to cruelty continuously/ persistently or at least in close proximity of time of lodging of complaint.
The main legal point established is that the definition of cruelty under Section 498A of the Indian Penal Code encompasses both mental and physical well-being of the wife, and actions leading to emot....
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