38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

When Conviction By Trial Court Was Not For Dowry Demand U/S 498A IPC, HC Can’t Convict Accused For It Without Appreciating Evidence On Record: SC

By LawStreet News Network      19 July, 2019 12:00 AM      0 Comments
When Conviction By Trial Court Was Not For Dowry Demand U/S 498A IPC, HC Can’t Convict Accused For It Without Appreciating Evidence On Record: SC

The Supreme Court on July 18, 2019, in the case of Wasim v. State NCT of Delhi has observed that when the Trial Court conviction under Section 498A of the Indian Penal Code, 1860, was not for demand for dowry, the High Court could not convict the accused under the same for demand of dowry without a detailed discussion of the evidence on record.

In this case, the Trial Court convicted the accused under Section 306 and 498A of IPC. Conviction under Section 498A was not for demand of dowry, but on account of finding that the accused caused mental cruelty by having an extra marital relation and the threats held out by him to the deceased that he would leave her and marry the other woman.

In appeal before the High Court, it acquitted the accused under Section 306 IPC by reaching a conclusion on the basis of evidence that the charge of abetment of suicide was not proved. However, it convicted him under Section 498A finding that though there was no demand of dowry soon before the death, the prosecution proved dowry demand immediately after the marriage.

When the matter came before the Supreme Court, the Bench comprising Justice L. Nageswara Rao and Justice Hemant Gupta observed that there is no discussion of the evidence pertaining to demand of dowry and the findings recorded by the Trial Court regarding the demand of dowry.

Elucidating the meaning of 'cruelty' dealt with in the Explanation to Section 498A IPC, the Bench said: “Conviction under Section 498A IPC is for subjecting a woman to cruelty. Cruelty is explained as any wilful conduct which is likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health. Harassment of a woman by unlawful demand of dowry also partakes the character of 'Cruelty'. It is clear from a plain reading of Section 498A that conviction for an offence under Section 498A IPC can be for wilful conduct which is likely to drive a woman to commit suicide OR for dowry demand.”

Further, explaining Section 306 IPC, the court said: “Section 306 IPC provides for punishment with imprisonment that may extend to ten years. There should be clear mens rea to commit the offence for conviction under Section 306 IPC. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide.”

The court observed that any wilful conduct which is likely to drive the woman to commit suicide is sufficient for conviction under Section 498A IPC. But In this case, the Bench observed, that the High Court recorded a categorical finding that neither mental nor physical cruelty on the part of the accused was proved.

Setting aside the High Court judgment, the Bench observed: “The High Court ought not to have convicted the Appellant under Section 498A for demand of dowry without a detailed discussion of the evidence on record, especially when the Trial Court found that there is no material on record to show that there was any demand of dowry. The High Court did not refer to such findings of the Trial Court and record reasons for its disapproval.”

Read the judgment.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email