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2019 Supreme(P&H) 350
IN THE HIGH COURT OF PUNJAB AND HARYANA
Arvind Singh Sangwan, J.
Roop Lal – Appellant
Versus
State of Punjab and Others – Respondents
Criminal Miscellaneous (A) No. 2133 of 2016
Decided On : 06-03-2019
Narinder Lucky.
The main legal point established in the judgment is the requirement of sufficient evidence to prove charges under the Indian Penal Code, particularly in cases of theft and adultery.
Headnote:
Indian Penal Code - Adultery - Sections 120-B, 380, 497 - The court discussed the evidence and found the accused guilty under Section 497 IPC for committing adultery with the complainant's wife. However, the court acquitted the remaining accused of the charges under Sections 380 and 120-B IPC.
Fact of the Case:
The complainant, an NRI, alleged that his wife had illicit relations with one of the accused and had eloped with him, taking valuable items. The trial court acquitted the accused of the charges under Sections 380, 497, and 120-B IPC, except for one accused who was found guilty under Section 497 IPC.
Finding of the Court:
The court found the complainant's evidence insufficient to prove the charges under Sections 380 and 120-B IPC. However, the court found the accused guilty under Section 497 IPC for committing adultery with the complainant's wife.
Issues: The issues revolved around the complainant's allegations of theft and adultery against the accused, and the sufficiency of evidence to prove these charges.
Ratio Decidendi: The court's decision was based on the lack of evidence to prove the charges under Sections 380 and 120-B IPC, while finding the accused guilty under Section 497 IPC based on the evidence of adultery.
Final Decision: The court dismissed the appeal, upholding the trial court's findings and the acquittal of the accused under Sections 380 and 120-B IPC, while affirming the guilt of one accused under Section 497 IPC.
Arvind Singh Sangwan, J.
1. Prayer in this appeal is for setting-aside the judgment dated 26.09.2016 passed by the trial Court vide which respondents No. 2 to 5 were acquitted of the charge under Sections 120-B, 380 and 497 of the Indian Penal Code, 1860 (in short IPC) (though one of the co-accused namely Ashok Kumar was convicted for the charge framed against him under Section 497 IPC and he was sentenced to undergo 02 years rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo imprisonment for a period of 01 month).
2. Counsel for the applicant at the very outset, has stated that said Ashok Kumar had filed an appeal i.e. Criminal Appeal No. 503/2016 vide Filing No. 7793/2016 titled as Ashok Kumar vs. State of Punjab and Another, challenging the aforesaid judgment of conviction dated 26.09.2016 under Section 497 IPC and the same was allowed by the Additional Sessions Judge, Jalandhar vide judgment dated 12.12.2017 (which is taken on record as Mark 'X') and even, Ashok Kumar was acquitted of the charge framed against him under Section 497 IPC.
3. Brief facts of the case are that the applicant-Roop Lal, who is a NRI and is residing abroad had field the complaint that marriage between him i.e. the complainant and accused No. 6 was solemnized on 23.11.2010 at village Kingran Chauwala, Jalandhar and it still subsists and out of this wedlock, 03 children namely Kajol (daughter), Jaspreet and Gurpreet (sons) were born. The complainant was residing in Italy to earn his livelihood since 2007 and he is a Green Card holder, which was issued by the Italian Government. The complainant came back to India on 28.09.2010. Due to illicit relations of Charanjit Kaur (accused No. 6) and Ashok Kumar (accused No. 1), the relations between the complainant and accused No. 1 to 5 were strained. The day before the occurrence, there was a dispute due to illicit relations between accused No. 1 and accused No. 6 and a Panchayat was also convened, in which accused Nos. 1, 2, 4 and 5 threatened that KI TU VIDESH JANA CHAUHNDA HAI KE NAHIN, ASIN TERA EHO JEHA INTEZAM KARANGE KE TU KADE V VIDESH JANN DE KABIL RAHENGA, JE SADE NALL MATHA LAYEA TA JANO MAAR DENGE. At that time, Sarpanch Jaspal Ram, Balbir Ram, Mohinder Kaur, Jagat Ram and other respectable of the village were also present. On 04.11.2010, early in the morning approximately 04:00 AM, accused No. 6 without informing anyone left the house of the complainant and she took passport, Green Card, Rs. 20,000/- in cash, one wrist watch, one mobile Nokia and 250 Euros without the consent of the complainant. Regarding this fact, a DDR was also lodged with P.S. Phillaur on 19.11.2010. The doubt of the complainant converts into belief, when on 22.11.2010 at about 02:00 PM, the complainant and Balbir Ram saw accused No. 1 and accused No. 6 going together for taking bus at the Bus Stop. The complainant and Balbir Ram tried their best to catch them, but they could not succeed. Accused No. 1 and accused No. 6 are still living together with accused No. 3 namely Harminder Pal at some unknown place and Ashok Kumar had full knowledge that accused No. 6 is the legally wedded wife of complainant. All the accused after conspiring with each other committed theft and have also eloped accused No. 1 and accused No. 6 by abiding each other. Thus, the present complaint has been filed.
4. In the preliminary evidence, the complainant Roop Lal examined himself as CW-1, Balbir Ram as CW-2, Jaspal as CW-3, Mohinder Kaur as CW-4, Jagat Ram as CW-5 and thereafter, closed his preliminary evidence on 22.11.2015 and vide order dated 09.01.2013, all the accused were ordered to be summoned for the offence punishable under Sections 380/497/120-B IPC and on appearance, accused-Ashok Kumar, Kishore Kumar, Harminder Pal, Kesro, Bhagat Ram and Charanjit Kaur in the Court, they were admitted to bail and after the pre-charge evidence of the applicant was closed and finding a prima fac
