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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Suman Prakash Choudhary S/o Madan Choudhary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
BIBEK CHAUDHURI, J.
1. The instant criminal revision is directed against the judgment and order dated 27.02.2023 passed by the learned Additional Sessions Judge-I, Patna City in Criminal Appeal No.68 of 2022. The learned Court of Appeal affirmed the order of conviction dated 26.05.2022 passed by the learned Sub- Divisional Judicial Magistrate, Patna City in G.R. Case No.377 of 2014, Trial No.4931 of 2022 arising out of Sahjahanpur P.S. Case No.05/2014, however, modified the sentence passed against petitioner Nos. 2 & 3 directing them to undergo simple imprisonment for two years for the offence punishable under Section 4 98A of the I.P.C. and also to pay fine of Rs.5,000/-. The above-named two accused persons were sentenced to suffer imprisonment for one year with fine of Rs.5,000/- for the offence punishable under Section 4 of the Dowry Prohibition Act. The order of sentence passed against the petitioner No.1 remained the same without any modification.
2. It is apposite to mention the case of the prosecution, in brief, at the outset. That on 08.02.2014 one Abha Kumari lodged a written complaint in the local police station stating, inter-alia, that her marriage was solem
The court acquitted the accused due to insufficient evidence establishing dowry demands and related charges, highlighting the need for clarity and consistency in testimonies.
Revisional courts must ensure substantial justice; lack of specific evidence in dowry cases warrants setting aside conviction under Section 498A.
The court established that cruelty under Section 498(A) IPC encompasses both physical and mental abuse, and that consistent witness testimonies can substantiate claims of such cruelty, leading to a c....
The main legal point established is the requirement of evidence to support allegations and the application of Section 482 of the IPC for quashing proceedings based on the absence of prima facie case.
Insufficient evidence regarding dowry demands and cruelty led to the acquittal of the accused under Section 498A IPC, emphasizing the need for corroborative testimony.
The court upheld the conviction under Section 498A IPC, affirming that delay in reporting matrimonial cruelty does not negate the credibility of the victim's testimony.
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