Case Note & Summary
The appellant, Arun Shrawan Patil, was convicted by the 2nd Additional Sessions Judge, Raigad at Alibag, under Section 498 of the Indian Penal Code, 1860 (IPC) for taking away or enticing a married woman, Rekha Anant Patil, from the care of her husband, Anant Patil, with intent that she may have illicit intercourse with him. He was sentenced to two years rigorous imprisonment and a fine of Rs. 2,000. The appellant appealed against this conviction. The prosecution case was that the complainant married Rekha in May 1995. On 31st October 1995 at around 8:30 a.m., the appellant informed the complainant by telephone that he had abducted his wife. The complainant then enquired with his in-laws, who told him that Rekha had left for her matrimonial house on 30th October 1995 at 3:30 p.m. A complaint was lodged, and an offence under Section 366 IPC was registered. After investigation, a charge was framed under Sections 366, 376, 497, and 498 IPC. The trial court acquitted the appellant of offences under Sections 366, 376, and 497 IPC but convicted him under Section 498 IPC. The appellant challenged this conviction. The High Court framed the issue as whether the evidence of the victim (P.W.9) and her husband (P.W.1) established beyond reasonable doubt that the appellant was guilty under Section 498 IPC. The court examined the evidence and found that the testimonies of the victim and her husband were credible and consistent. The court noted that the appellant had informed the husband about the abduction, and the victim's mother confirmed that she had left for her matrimonial house. The court held that the prosecution had proved its case beyond reasonable doubt. Consequently, the High Court dismissed the appeal and upheld the conviction and sentence under Section 498 IPC.
Headnote
A) Criminal Law - Enticement of Married Woman - Section 498 IPC - Evidence of Victim and Husband - The court considered whether the testimony of the victim (P.W.9) and her husband (P.W.1) proved the appellant's guilt beyond reasonable doubt for the offence under Section 498 IPC. The court held that their evidence was credible and consistent, establishing that the appellant took away or enticed the victim from her husband's care with intent for illicit intercourse. (Paras 1-4)
Issue of Consideration
Whether the evidence of the victim and her husband established beyond reasonable doubt that the appellant was guilty of taking away or enticing a married woman from the care of her husband with intent that she may have illicit intercourse with him.
Final Decision
Appeal dismissed. Conviction and sentence under Section 498 IPC upheld.
Law Points
- Section 498 IPC
- enticement of married woman
- taking away from husband's care
- illicit intercourse
- credibility of victim testimony
- corroboration by husband
