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ANURADHA SHUKLA
Ramanuj Tripathi – Appellant
Versus
State of M. P. – Respondent
ORDER
1. In this present revision under section 397 read with section 401 of the Code of Criminal Procedure, the applicant has challenged the judgment and order dated 6.5.2023 passed by learned Sessions Judge, Sidhi by which Criminal Appeal No.76 of 2022 preferred by the petitioner against his conviction and sentence awarded in RCT No178/2013 decided on 30.8.2022 was dismissed.
2. The prosecution case is that the petitioner was married to Nisha Tripathi (PW-1) in the year 2013 and in that year itself the petitioner subjected his wife to cruelty and harassment for demand of dowry; on 24.12.2013, he physically assaulted and abused the complainant-wife and forcibly threw her out of the house; the complaint-wife sustained injuries in the incident and lodged the FIR. After investigation, charge-sheet was filed against the petitioner and trial was conducted. On conclusion of trial, the petitioner was convicted under section 498-A and 323 of IPC and section 4 of Dowry Prohibition Act. For the offence under section 323 of IPC he was sentenced for fine amount of Rs.500/- and for the other two offences under section 498-A of IPC and section 4 of Dowry Prohibition Act he was sentenced to underg
A null and void marriage impacts the sustainability of a conviction under Section 498-A IPC.
The legal sanctity of the second marriage and its implications on the applicability of Section 498A IPC and/or under Dowry Prohibition Act.
The main legal point established in the judgment is the requirement for specific details and corroborative evidence to sustain a conviction under Section 498(A) IPC and Section 4 of Dowry Prohibition....
A legal marriage is a prerequisite for a conviction under Section 498A IPC, and absence of marriage negates charges of cruelty and dowry demand.
Validity of marriage and the definition of cruelty under Section 498-A I.P.C. were central to the court's decision.
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.
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