IMPORTANT POINT
The court established that for a conviction under Sections 498A and 354A IPC, there must be clear and corroborated evidence of the alleged acts, including the validity of the marriage.

JUDGMENT :

HON'BLE MR. JUSTICE SANJAY PRASAD

This Criminal Revision Application has been filed on behalf of the petitioners challenging the judgment dated 18.4.2018, passed by Shri Vishnu Kant Sahay, learned Sessions Judge, Latehar in Cr. Appeal No. 20 of 2016 arising out of judgment of conviction and order of sentence, both dated 13.6.2016, passed by Md. Taufique Ahmed, C.J.M., Latehar in G.R. Case No. 810/13/Tr.No. 277/16, whereby the learned C.J.M., Latehar had convicted both the petitioners for the offence punishable under Section 498A of the I.P.C. and Petitioner No. 2, namely Atik Ansari, was also convicted for the offence punishable under Section 354 A of the I.P.C. and both the petitioners have been sentenced to undergo R.I. for two years and to pay a fine of Rs. 1,000/-for the charge under Section 498 A of the I.P.C. and in addition to that Petitioner No. 2-Atik Ansari was also sentenced to undergo R.I. for one year with a fine of Rs. 500/-and he was further directed to undergo R.I. for one month in case of default of payment of the fine.

However, learned Appellate Court below, while partly allowing Cr. Appeal No. 20 of 2016, has acquitted Petitioner No. 2 from the charge of 498-A I.P.C. however upheld his conviction and sentence under Section 354A I.P.C.

The conviction and sentence of the Petitioner No.1 under Section 498-A I.P.C. was upheld by the learned Appellate Court.

2. The prosecution case on the basis of Complaint Application No. 268/2013, FIR, being Balumath P.S. Case No. 139/13 dated 12.11.2013 (corresponding to G.R. Case No. 810 of 2013) was registered and as per the said F.I.R., the period of incident was from June, 2010 till the lodging of the complaint application dated 12.11.2013. It had been alleged that the marriage of the complainant was solemnized in the year 2005 with Jabarul Ansari according to Muslim rites and customs and at the time of marriage Rs.1,01,051/-was paid in cash to the father of the groom and some pieces of jewellery, like ear rings, gold rings, nose pin, silver chandrahar etc. were also given. After marriage the complainant lived in her matrimonial home and out of the wedlock one girl child was born, however, her husband died in the year 2007. On the “Chalisma” of her husband, her father-in-law assured her father, brother and other witnesses that she would be remarried with Khairul Ansari, the Petitioner No.1, who is the another son of her father-in-law and she remained in her in-law’s house and her Nikah with Petitioner No. 1 took place in the month of June, 2010 with information to her parents, brother etc., who paid Rs. 1,11,000/-, as demanded by her in-laws, on the day of the Nikah apart from one watch and two gold rings. It is further alleged that after her marriage she remained there properly for about a month, but thereafter accused persons started assaulting her demanding Rs. 1,00,000/-and a Hero Honda motorcycle. Her sister-in-law (Nanad) and her husband (Nandosi) also pressurised her to bring cash and articles and it is specifically alleged that in February, 2013, when her Nanad and Nandosi took her to their village and on one occasion her Nanad had gone to do the washing, her Nandosi tried to catch her with bad intention but the informant could somehow managed to save herself and on her information to her father-in-law her husband took her back. It is further alleged that in the month of March she was brutally assaulted and the accused persons, after taking entire articles from her, ousted her. The complainant came to her parents’ house and in the month of April, when her brother and father went there, they too were ill-treated and threatened and the accused persons were not ready to take her back and asserted that they will perform second marriage of her husband-Petitioner No. 1, namely Khairul Ansari. As alleged, in the month of June, 2013 the Petitioner No. 1 got married to another woman, namely Nazma Khatoon. and F.I.R. was lodged against the present petitioners and said