Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 498A IPC Cruelty to wife Sentence / Sentencing |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 — s.498A ~ Conviction under, of appellant-husband by Courts below — Justification —- Held: Justified — PW-1(complainant/ victim) was subjected to cruelty by her husband (appellant) and also harassment to meet the unlawful demand of dowry — Essential ingredients of s.498A IPC were established — Prosecution adduced cogent evidence to prove that after his second marriage, the appellant was ill-treating PW-1 who had no reason to prosecute the appellant after ten years of marriage — On facts, interference with concurrent findings of fact by the courts below not warranted.Sentence / Sentencing — Duty of the Court to pass appropriate sentence — Demand of dowry and harassment — Conviction u/s. 498A IPC — On facts, sentence of imprisonment imposed on appellant-husband for conviction u/s. 498A reduced to the period already undergone by him—- Penal Code, 1860 - s.498A. Penal Code, 1860 — s.498A - Cruelty to wife — Allegations of — Held: In such cases to bring home the guilt. of the accused, it is not essential to examine independent witnesses — Witnesses — Appreciation of. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2014 INSC 672 |
Petitioner | S. Mahaboob Basha |
Respondent | The State Of Karnataka |
SCR | [2014] 13 S.C.R. 1266 |
Judgement Date | 2014-09-23 |
Case Number | 2115 |
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