Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order dated 5/8/1993 passed by the Judicial Magistrate, First Class, in Sessions Case No.138 of 1989, whereby the accused Pandharinath Bhaurao Deshmukh was acquitted of the offence punishable under Section 498A of the Indian Penal Code. The prosecution case was that the accused married the complainant Alka Deshmukh in 1986 and after marriage they resided together. The accused allegedly harassed his wife by telling her that he wanted to marry again for a second time and demanded her signature on a paper. The complainant lodged a complaint at Karjat Police Station. During trial, the prosecution examined two witnesses: PW-1 Vinayak Deshmukh, a panch witness, who turned hostile and did not support the prosecution case; and PW-2 Alka Deshmukh, the complainant, who stated that two or three months after her marriage, the accused started harassing her. However, the trial court found the evidence insufficient and acquitted the accused. The State appealed, arguing that the acquittal was erroneous. The High Court heard the learned APP for the State, but no one appeared for the respondent. The Court noted that the trial court had considered the evidence and found that the prosecution witnesses had turned hostile and there was no corroboration. The High Court held that the view taken by the trial court was a plausible view and not perverse, and therefore no interference was called for in an appeal against acquittal. The appeal was dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Cruelty by Husband - Section 498A Indian Penal Code, 1860 - Acquittal - Appeal against acquittal - The State appealed against acquittal of husband for alleged harassment and demand for second marriage - Trial court found prosecution witnesses turned hostile and evidence insufficient - High Court held that no interference is warranted as the view taken by trial court was plausible and not perverse - Appeal dismissed (Paras 1-6).
Issue of Consideration
Whether the acquittal of the accused under Section 498A IPC was justified given the evidence on record.
Final Decision
Appeal dismissed. Acquittal of the accused upheld.
Law Points
- Acquittal upheld
- hostile witness
- lack of corroboration
- benefit of doubt
- Section 498A IPC
