Back
PRADEEP KUMAR SRIVASTAVA
Md. Moin, son of Md. Noorunddin – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
Heard learned counsel for the parties.
2. This criminal revision is directed against the judgment dated 05.02.2016 passed by learned Additional Sessions Judge-II, Hazaribag in Cr. Appeal No. 91 of 2003, whereby and whereunder the appeal against the judgment of conviction and order of sentence dated 25.08.2003 passed by learned Sub-Divisional Judicial Magistrate, Hazaribag in G.R. Case No. 249 of 1999, T.R. No. 184 of 2003 arising out of Barkagaon P.S. case No. 09 of 1999 dated 11.02.1999 whereby, the learned trial court had held the petitioners guilty for the offences under Section 498A of the I.P.C. and under Section 4 of Dowry Prohibition Act and sentenced to undergo R.I. of three years to Md. Moin (petitioner no. 1), while R.I. of two years to Md. Nooruddin (petitioner no. 2), Kulsum Khatton (petitioner no. 3) and Md. Ainul and six months R.I. for the offence punishable under Section 4 of the Dowry Prohibition Act against all the four accused persons and all the sentences were directed to run concurrently.
3. Factual matrix giving rise to this revision in a narrow compass is that the marriage of informant Jakimun Nisha was solemnized with Md.
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 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....
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 main legal point established in the judgment is the significance of specific allegations, consistent evidence, and the nature of evidence in upholding a conviction under Section 498(A) of the Ind....
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.
Offence of Cruelty by husband or his relatives - Reduction of Sentence - Evidences against petitioners and gravity of offences committed by them petitioners do not deserve any leniency on point of th....
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
