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ABHAY S. WAGHWASE
Balu S/o. Nagnath Shinde – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. In this revision, exception has been taken to the judgment and order dated 21.09.2016 passed by Additional Sessions Judge, Latur in Criminal Appeal No.144 of 2011 arising out of judgment and order dated 10.11.2011 passed by Assistant Sessions Judge-3, Latur in Sessions Case No. 11 of 2011 recording guilt of revisionist for offence punishable under section 498-A of Indian Penal Code (IPC).
2. Learned counsel for revisionist submitted that, revisionist was charge-sheeted by Gandhi Chowk Police Station, Latur along with accused no.2 and both were tried for offence punishable under sections 306 and 498-A read with section 34 of IPC. Upon trial, accused no.2 was acquitted for both the charges, however, present revisionist was alone held guilty, but only for offence punishable under section 498-A of IPC.
3. He further took this court through the evidence and submitted that, the essence of 498-A is cruelty in the backdrop of demand. Here, there was no demand. That, there was cohabitation between revisionist and wife for almost 16 years and they also had two grown-up children. That, there was no previous complaint of any nature. That, subsequently, allegations were levelled abou
The court affirmed that consistent testimonies of the deceased's brothers established the elements of cruelty and dowry demand under Section 498-A IPC, justifying the conviction.
The court affirmed that minor discrepancies in evidence do not invalidate a conviction under Section 498-A IPC, emphasizing the limited scope of revisional jurisdiction.
Prosecution must prove guilt beyond reasonable doubt; reliance on hearsay and contradictory evidence leads to acquittal under Section 498A of IPC.
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....
The judgment establishes that under Section 498A IPC, the prosecution must provide clear evidence of cruelty and specific allegations against the accused, and that corroborative evidence is essential....
The judgment reaffirms that dowry-related cruelty under IPC Section 498A is a serious offense, validated by credible victim testimony and social realities of domestic abuse.
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.
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