Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | dowry |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Dowry Prohibition Act, 1961 (28 of 1961) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss. 304-B and 498-A - Demand from husband through wife (deceased) for repayment of society loan - Held: The demand was not in connection with dowry, therefore, provisions of s.304-B were not attracted and appellant- husband acquitted of the charge - But, there is clear evidence establishing that deceased was subjected to harassment by her husband on account of her failure to meet the said unlawful demand - Therefore. conviction u/s 498-A is maintained - Appellant sentenced for the period already undergone, which is approximately 2 years. Dowry Prohibition Act, 1961: ss. 3, 4 and 6 read with s.5 (1), proviso - Accused- husband found guilty of demanding and receiving cash and gold - Conviction and six month sentence under each of the three counts awarded by High Court, not interfered with.The appellant and his mother were prosecuted for committing offences punishable u/ss 498-A and 304-B read with s.34 IPC as well as u/ss 3, 4 and 6 of Dowry Prohibition Act, 1961. The prosecution case was that at the time of marriage of the appellant with the deceased, the accused demanded and were given Rs.1000/- cash and one tola of gold. Subsequently, the appellant harassed the deceased for more dowry of Rs.10,000/-. Rs.2000/- were paid and the family showed its inability to meet the balance demand of Rs.8000/-. When the deceased came to her mother, she once again asked for the balance amount of Rs.8000/- and within 15 days thereafter she committed suicide. The trial court acquitted both the accused, but the High Court convicted the appellant of the offences charged. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 147 |
Petitioner | Modinsab Kasimsab Kanchagar |
Respondent | State Of Karnataka & Anr. |
SCR | [2013] 2 S.C.R. 357 |
Judgement Date | 2013-03-11 |
Case Number | 512 |
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