Back
PRADEEP KUMAR SRIVASTAVA
Safique Ansari, Son of Late Yakub Mian – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
Heard learned counsel for the parties.
2. The instant criminal revision is directed against the judgment dated 23.09.2014 passed by learned 1st Additional Sessions Judge, Deoghar in Criminal Appeal No. 123 of 2006 arising out of judgment of conviction and order of sentence dated 01.08.2006 passed by learned Judicial Magistrate, 1st Class, Madhupur at Deoghar in PCR No. 118 of 2003, whereby and whereunder the petitioners were held guilty for the offence punishable under Section 498A/323 of the I.P.C. and sentenced to undergo R.I. for two years for the offence under Section 498A I.P.C. along with fine of Rs. 500/- each and also sentenced to undergo S.I. for three months for the offence under Section 323 read with Section 34 I.P.C. with default stipulation and the learned appellate court has dismissed the appeal and upheld and confirmed the above judgment of conviction and order of sentence of the petitioners for the aforesaid offences.
3. The factual matrix giving rise to this revision in a narrow compass is that the complainant Nasima Khatoon was married with the petitioner no. 1 in accordance with Muslim rites and customs about four years ago (
The court upheld the conviction under Section 498A IPC for dowry harassment but modified the sentence to the period already undergone due to the elapsed time and prior imprisonment.
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....
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.
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....
(1) Cruelty – Harassment and cruelty within marriage cannot be viewed in isolation, but must be assessed in context of continuous conduct.(2) Assaulting wife in connection with dowry demands is not a....
The court modified the sentence to the time already served, considering the long duration since the alleged offences and the circumstances of the petitioners.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
