MyNation KnowledgeBase

Landmark Judgments and Articles on Law

Register to Download

No iota of element of evidence, clear in 498a and 306 IPC

Supreme Court of India

State Of Maharashtra
Ashok Narayan Dandalwar on 27 April, 2000

Equivalent citations: 2000 CriLJ 4993, JT 2000 (7) SC 468, (2000) 9 SCC 257

Bench: G Pattanaik, S Variava


1. This interest is destined opposite an sequence of exculpation available by a High Court of Bombay acquitting a accused-respondent of his self-assurance underneath Section 498A of a I.P.C.

2. The indicted stood charged underneath Sections 498A and 306, I.P.C., and a schooled hearing Judge clear him of a assign underneath Section 306, I.P.C., though convicted underneath Section 498A, I.P.C. On an interest being carried, a High Court examined a whole element on record and came to a end that there is not an iota of element on a basement of that a cruelty that is a required part for bringing home a assign underneath Section 498A, I.P.C. can be pronounced to have been determined and accordingly clear him.

3. Mr. Deshpande, appearing for a State vehemently contended that a verbal justification review with a letters ostensible to have been created by a defunct to her hermit as good as other persons unquestionably indicates a diagnosis that was meted out to her by a indicted and therefore, a sequence of exculpation is unconditionally unjustified. But, carrying left by a letters constructed by a prosecution, we do not find even a smallest avowal in any of a letters angry opposite a father possibly he was creation any direct during any indicate of time or he has assaulted or treated a mother with cruelty or torture. In that perspective of a matter, when in so many letters (Exts. 11 to 17) a defunct has not reflected any cruelty purported to have been meted out to her by a husband. It is formidable to say a self-assurance on a verbal testimony of a younger hermit of a defunct and, in a view, a High Court was entirely fit in recording an sequence of acquittal. We see no merits in this interest to meddle with a pronounced sequence of acquittal.

See also  Whether amendment of plaint adding new cause of action can be allowed?

4. The interest accordingly fails and is dismissed. The bail holds of a respondent shall mount discharged.

Leave a Reply

Your email address will not be published.

Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine

All Law documents and Judgment copies
Laws and Bare Acts of India
Important SC/HC Judgements on 498A IPC
Rules and Regulations of India.


CopyRight @ MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, though No Lawyer will give we Advice like We do

Please review Group Rules – CLICK HERE, If You determine afterwards Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We hoop Women Centric inequitable laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

See also  Five Tests laid down by the Supreme Court to identify Cruelty.
MyNation FoundationMyNation FoundationMyNation Foundation