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2013 Supreme(Del) 761

SUNITA GUPTA
Pradeepta Kumar Mohapatra – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant:S.S. Mishra, Advocate.
For the Respondent: Ms. Fizani Husain, APP.

Judgment :-

Sunita Gupta, J.

1. Challenge in this appeal is to the conviction order dated 3rd April, 2003 and order on sentence dated 4th April, 2003 passed by the learned Additional Sessions Judge in Sessions Case No. 29/2002 arising out of FIR No. 398/1998 PS Tilak Nagar under Section 420/498A/376 IPC.

2. Factual matrix of the case is: Complainant got married to appellant on 1st May, 1982. After her marriage, she got an appointment in Doordarshan and thereafter she went under training in Pune and thereafter she was transferred to Delhi. Her father was alleged to be the member of Parliament and was residing in Delhi, therefore, she also shifted to the residence of her father in Delhi. In 1993, the accused is alleged to have started harassing complainant by saying that he would divorce her. He also filed divorce petition against the complainant in Family Court at Bhuvneshwar of which she received a notice. However, due to intervention of parents of the complainant, the matter got compromised and thereafter they continued to live together. It was alleged that the accused assured the complainant and her parents that he would withdraw the divorce petition and believing this version and
























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