(SHORT NOTE)
BOMBAY HIGH COURT
G.G. Loney, J.
Vasanta - Applicant
versus
State of Maharashtra - Respondent
Criminal Appeal No. 60-1985
Decided on 23.9.1986

IMPORTANT POINT
Section 498-A, Indian Penal Code and section 113- A of the Evidence Act include in its amplitude the past events prior to the date of amendment i.e. 25th December. 1983.

Headnote:(i) Indian Evidence Act, 1972 - Section 113-A - Indian Penal Code, 1860 - Sections 306 & 498-A-Conviction under – Appeal - Wife committing suicide as a result of cruelty -The ill treatment meted out to the decreased by her husband prior to the date of commencement of the amended provisions of Section 498. A and 113-A - Whether it is permissible for a court enquiring such a case to look into the past conduct prior to the commencement date of these amended provisions?-(Yes)

       Held, section 498 - A in the Indian Penal Code and section 123 - A in the Evidence Act have been introduced on 25th October 1983. The aforesaid provisions are obviously intended to cure the existing evil in the society. The evil at many times resulted in aforesaid on married women and various acts of cruelty were being practiced. No doubt there were some provisions available in the Indian Penal Code such as section 306 I.P.C but the instances were such which could not come to light due to their occurrence in the houses of their in laws. Naturally, the victims could not take recourse to public authorities to vetilate their grievances. After all the social conditions, family traditions etc. prevented the brides to take any recourse to public authorities. They could not even convey the atrocities to their parents. It is therefore to curb this social evil, which resulted in atrocities on women that the aforesaid provisions are introduced looking to the language of the provision under section 113.A of the Evidence Act. legal presumption has been introduced if a married woman commit suicide within a period of seven years from the date of her marriage. The period of even years itself is suggestive of the consideration of past period before the introduction of the section Therefore, a plain reading of the provision permits to draw the instances of cruelty even prior to the date of commencement of this provision. It is therefore, permissible for a Court enquiring a case to look into the past conduct poor to the commencement date of the amended provision. It clearly authorizes the Court to base its conclusions on the past instances of cruelty. The legal presumption provided under this provision clearly includes the past instances of cruelty spread over a period of seven years from the date of marriage of the victim. The language and purport of the provision under section 498-A, I P.C. introduced by the amendment on 25th December, 1983 clearly speaks of past conduct, which drives a woman to commit suicide at a later date. The construction of this section clearly discloses that if a cruelty within the meaning of section 498-A committed on a married woman drives her to commit suicide or to cause grave Injury or danger to life, limb or health, the person guilty of such willful conduct is liable for punishment. The act of suicide or causing grave injury or danger to her life is meant as a result of the past events,

       (ii) Indian Panel Code, 1860 - Sections 306 & 498-A - Suicide by the wife as a result of cruelty by the husband-Conviction under sections 306 & 498-A on the evidence of relation witnesses - No element of false involvement of the appellant by these witnesses - Prosecution evidence is cogent, consistent and reliable - Whether conviction is sustainable? (Yes, these witnesses cannot be said to be interested as the conduct of the deceased. being a newly married bride in disclosing her sufferings to her nearest and dearest ones, is most natural.

       Result:-

       Appeal dismissed.