H. B. PRABHAKARA SASTRY
Shashidhar Subbanna S/o Late Subbanna – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioner in Criminal Revision Petition No. 1612/2016 was accused No. 1 and petitioner in Criminal Revision Petition No. 1613/2016 was accused No. 2 in C.C. No. 17019/2011, in the Court of the learned II Addl.Chief Metropolitan Magistrate, Bengaluru, (hereinafter for brevity referred to as ‘trial Court’) wherein respondent No. 2 in both the Criminal Revision Petitions was the complainant. Along with present petitioners, one Sri Subbanna, who is said to be the husband of accused No. 2 and father of accused No. 1 was also arraigned as accused No. 3, however, lis pendence before the trial Court, accused No. 3 having reported to be demised, the case against him stood abated. The accused Nos. 1 and 2 were tried by the trial Court for the offences punishable under Section 498-A read with Section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ‘IPC’) and Sections 3 and 4 of Dowry Prohibition Act, 1961 (hereinafter for brevity referred to as ‘D.P. Act’). By its impugned judgment dated 05.09.2013, the trial Court convicted accused Nos. 1 and 2 for the offences punishable under Section 498-A read with Section 34 of IPC and Sections 3 and 4 of D.P. Act. On
Koppisetti Subbharao alias Subramaniam vs. State of Andhra Pradesh
P.V. vs. P.K. Basheer and Others
Dowry as a quid pro quo for marriage is prohibited and not giving of traditional presents to bride or bridegroom by friends and relatives.
The main legal point established in the judgment is the requirement for specific details and corroborative evidence to sustain a conviction under Section 498(A) IPC and Section 4 of Dowry Prohibition....
Court upheld concurrent findings of guilt for cruelty and dowry demands, establishing that evidence supported claims of harassment, thereby affirming the conviction under IPC and Dowry Prohibition Ac....
Demand of dowry – Conviction set aside – Suit restitution of conjugal rights decreed, but the wife/complainant has not complied that decree
The judgment emphasizes the importance of careful consideration of evidence, especially in cases where the burden of proof is reversed, and highlights the need for the prosecution's case to be free f....
Offence of Cruelty - Conviction affirmed - Scope of revisional jurisdiction this court is not inclined to interfere with impugned judgment of conviction of petitioner under section 498(A) of Indian P....
Prosecution must prove guilt beyond reasonable doubt; reliance on hearsay and contradictory evidence leads to acquittal under Section 498A of IPC.
Consent given by the victim negates the elements of cheating under IPC Section 420 if not induced by false promise.
The court ruled that for a conviction under Section 498A IPC, the prosecution must provide clear, cogent evidence of cruelty or harassment, which was not present in this case.
Credibility of witness testimony and evidence is crucial in determining the outcome of a criminal case.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.