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PRADEEP KUMAR SRIVASTAVA
Suresh Thakur @ Bhutak Thakur, Son of Ruplal Thakur – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
1. Heard the learned counsel for the petitioner and the learned APP for State. In spite of valid personal service of notice, opposite party no.2 did not turn up to contest this case and it is reported that she has been remarried with one Ashok Thakur of village Manjhaladih, Badki P.S. Dumri.
2. The instant criminal revision is directed against the Judgment dated 15.12.2015 passed in Criminal Appeal No 51 of 2009 by learned District and Additional Sessions Judge-II, Giridih, whereby and whereunder while dismissing the appeal, Judgment of conviction and order of sentence dated 02.06.2009 passed in Bagodar P.S. Case No. 43 of 2002 corresponding to G.R. No. 351 of 2002 (T.R. Case No. 103 of 2009) by learned Sub Divisional Judicial Magistrate, Giridih for the offence under Section 498A of the Indian Penal Code and sentence passed against petitioner to undergo R.I. for two years along with fine of Rs. 3,000/-with default stipulation has been confirmed.
3. Factual matrix giving rise to this appeal is that informant Binda Devi was married with the present petitioner on 10.03.1999 in accordance with Hindu rites and customs. It is alleged that at the time
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 establishes that for a conviction under Section 498A IPC, specific allegations of cruelty must be substantiated, and the potential for misuse of this provision must be considered in sent....
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 prosecution must establish beyond reasonable doubt that the act constitutes 'cruelty' as defined by the statute under Section 498A IPC.
The main legal point established is that the definition of cruelty under Section 498A of the Indian Penal Code encompasses both mental and physical well-being of the wife, and actions leading to emot....
The main legal point established in the judgment is the requirement of proof beyond reasonable doubt in criminal trials, the concept of 'cruelty' under Section 498A of IPC, and the evaluation of evid....
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