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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Anil Kumar S/o Late Dinesh Chandra Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
BIBEK CHAUDHURI, J.
1. The instant Criminal Revision is directed against the judgment of conviction and sentence dated 05.09.2024 passed by the learned 1st Additional Sessions Judge, Samastipur in Criminal Appeal No. 02 of 2023, whereby the learned appellate court set aside the judgment of acquittal dated 30.11.2022 passed by the learned Sub-Divisional Judicial Magistrate, Rosera in Trial No. 1247 of 2022 arising out of Rosera P.S. Case No. 103 of 2018, and convicted the petitioner under Sections 498 -A and 494 of the Indian Penal Code, sentencing him to rigorous imprisonment of three years and fine of Rs.10,000/- under each section, with further stipulation of default imprisonment of one year. Both sentences were directed to run concurrently.
2. The petitioner, being aggrieved by the aforementioned judgment of reversal, has instituted the instant revision petition under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter “CrPC”), thereby calling into question the legality, correctness, and propriety of the conviction and the sentence imposed by the appellate court.
3. That the present case arises out of Rosera Police Station Case No. 103 of 2018, register
The court emphasized the necessity of clear and corroborative evidence to establish charges under Sections 498-A and 494 IPC, reversing the appellate court's conviction due to lack of proof and adher....
Prosecution must prove guilt beyond reasonable doubt; reliance on hearsay and contradictory evidence leads to acquittal under Section 498A of IPC.
Petitioner acquitted of charges under Section 498A IPC due to insufficient evidence of cruelty, demonstrating the High Court's role in correcting procedural misjudgments.
Revisional courts must ensure substantial justice; lack of specific evidence in dowry cases warrants setting aside conviction under Section 498A.
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....
Offence of Cruelty - Convicted - Trial Court rightly modified sentence - Benefit of under Act, 1958 - Court finds that courts below have rightly convicted petitioner under Section 498-A of Indian Pen....
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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