(Mongola Pramanick vs Bibhuti Nag & Anr.) on 5 July, 2017

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10 05.07.2017

CRR 1749 of 2011
an Court No. 34
(Mongola Pramanick vs. Bibhuti Nag anr.)
with
CRA 657 of 2010

Mr. Jayanta Narayan Chatterjee
Mr. Apalak Basu
Mr. Tirthankar Dey
Ms. Moumita Pandit
……… For the petitioner

Mr. Saswata Gopal Mukherjee, ld. P. P.

Mr. Imran Ali
……… For the State

This criminal revisional application emanates from the judgment and

order of conviction dated 23.07.2010 passed by the learned Additional Sessions

Judge, Kalna in Criminal Appeal No. 9/2008. By the impugned judgment, the

learned trial court has convicted the appellant under Section 498A of the Indian

Penal Code.

According to the petitioner, the finding of the learned trial court is

erroneous and if the prosecution evidence be scrutinized properly, in that case, it

would be seen that there is no merit in it. The learned trial court failed to consider

this aspect of the matter in its proper perspectives.

In such circumstances, I am of the view that the factual aspects of the

case need to be revisited.

Shorn of unnecessary details, the prosecution case in a capsulated form

is such that the victim’s marriage was held with the appellant nearly five years back

from the date of incident. Soon after the marriage, she was subjected to physical

and mental torture. Time to time Salish was held but it was abortive. The victim

noticed that her husband has an illicit affair with one Tori Pramanick. When she

raised protest, she was assaulted. According to the prosecution, the act of the

appellant compelled her to eliminate her self.
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The learned trial court after a threadbare discussion held that the

prosecution failed to establish the guilt under Section 306 of the Indian Penal Code.

There is no appeal preferred by the State as against the finding of the learned trial

court so far as Section 306 of the Indian Penal Code is concerned. Therefore, at this

stage, we shall confine ourselves only to Section 498A of the Indian Penal Code

which is set out hereunder:

“S. 498A – Husband or relative of husband of a woman subjecting her to

cruelty – Whoever, being the husband or the relative of the husband of a woman,

subjects such woman to cruelty shall be punished with imprisonment for a term which

may extend to three years and shall also be liable to fine.

Explanation – For the purpose of this Section, “cruelty” means –

(a) Any willful conduct which is of such nature as is likely to drive the woman to

commit suicide or to cause grave injury or danger to life, limb or health

(whether mental or physical) of the woman; or

Harassment of the woman where such harassment is with a view to

coercing her or any person related to her to meet any unlawful demand for any

property or valuable security or is on account of failure by her or any person related to

her to meet such demand.” .

Law is very clear so far as cruelty is concerned in such case. In the

explanation clause legislature in its wisdom has mentioned the circumstances,

when it will be treated as a guilty. The story of dowry has not been established.

But one thing that is clear that the entire problem cropped up due to illicit affair of

the appellant with another lady. However, that cannot be the ground for an offence

under Section 498A Indian Penal Code.

Therefore, considering the above, this court has no option left with

except to set aside the impugned judgment of the learned trial court.
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Hence, with the above directions, the criminal revisional application

being CRR 1749 of 2011 stands allowed. The appellant be set at liberty at once.

Accordingly, the appeal being CRA 657 of 2010 is also disposed of.

Let a copy of this order be forwarded to the learned trial court for

information and necessary action.

Let the entire lower court record be sent down to the learned court below

at once.

Urgent certified photostat copy of this order, if applied for, shall be given

to the parties as expeditiously as possible on compliance of all necessary formalities.

(Siddhartha Chattopadhyay, J.)

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