GAHC010014422014 2025:GAU-AS:15081

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Rev.P./372/2014

CHANDRA DUTTA @ CHANDRA KUMAR DUTTA

S/O LT. BANESWAR DUTTA R/O NO.2 DHAMAN GAON, P.S. TINGKHONG,

DIST. DIBRUGARH, ASSAM.

VERSUS

DHIREN DUTTA

S/O LT. BANESWAR DUTTA R/O NO.2 DHAMAN GAON, P.S. TINGKHONG,

DIST. DIBRUGARH, ASSAM.

Advocate for the Petitioner : MR.P J SAIKIA, MR.K BARUAH

Advocate for the Respondent : ,

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 04-11-2025

Heard Ms. M. Nirola, learned counsel for the petitioner. Also heard Mr. M.P.

Goswami, learned Addl. P.P. Assam appearing for the State/ respondent No. 2. None has

appeared for the respondent No. 1 on call.

2. The present revision petition has been instituted assailing the Judgment dated 07- 06-2014 passed by the learned Session Judge, Dibrugarh, in Criminal Appeal No. 47(3)/2013, dismissing the same and thereby upholding the judgement dated 29-05-2013 passed by the learned Judicial Magistrate, First Class, Dibrugarh in C.R. No. 419^C/2010 convicting the petitioner, herein, under Section 497 IPC and sentencing him to undergo rigorous imprisonment for 03 (three) years along with payment of fine of Rs. 10,000/- (Rupees Ten Thousand), in default to suffer further rigorous imprisonment for 01 (one)

month.

3. Respondent No. 1, herein, had instituted a complaint petition, inter-alia, alleging, therein, that the younger brother of the complainant had developed illicit relationship with his wife while he was away serving in the paramilitary force. The learned Judicial Magistrate First Class on conclusion of the trial, on appreciating the evidences coming on record, vide judgment dated 29-05-2013 proceeded to convict the petitioner, herein, under Section 497 IPC and sentence him as noticed, hereinabove.

The petitioner herein being aggrieved by his conviction by the learned Trial Court vide the judgment dated 29-05-2013, assailed the same before the Court of the learned Sessions Judge, Dibrugarh, by way of filing an appeal, being Criminal Appeal No. 47(3)/2013. The Appellate Court upon appreciating the evidences coming on record, proceeded vide judgment dated 07-06-2014, to dismiss the appeal and thereby uphold the conviction of the petitioner, herein, by the learned Trial Court under Section 497 IPC.

Being aggrieved the petitioner has instituted the present revision petition.

4. Ms. M. Nirola learned counsel for the petitioner has submitted that the Hon’ble Supreme Court of India in the case of Joseph Shine Vs. UoI, reported in AIR Online 2018 SC 241 has struck down the provisions of Section 497 as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution of India. She further submits the said decision would have retrospective effect in respect of pending proceedings.

5. I have heard the learned counsels for the parties and also perused the materials brought on record.

6. The facts noticed, hereinabove, are not in dispute. The petitioner, herein, was convicted under Section 497 IPC and sentenced accordingly. The Hon’ble Supreme Court in the case of Joseph Shine (Supra) had considered the validity of the provision of Section 497 IPC and had struck down the same being unconstitutional. The learned Apex Court has observed as follows:-

“The moving times have not left the law behind as we have just seen, and so far as engaging the attention of law makers when reform of penal law is undertaken, we may only hasten to add that even when the CrPC was fully replaced in 1973, Section 198 continued to be on the statute book. Even as of today, Section 497 IPC continues to be on the statute book. When these sections are wholly outdated and have outlived their purpose, not only does the maxim of Roman law, cessante ratione legis, cessat ipsa lex, apply to interdict such law, but when such law falls foul of constitutional guarantees, it is this Court's solemn duly not to wait for legislation but to strike down such law. As rec