Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 17/6/1999 passed by the Metropolitan Magistrate, 26th Court, Borivali, Mumbai, in C.C. No.40/P/98, acquitting the respondent Pushkraj Narshinh Godge Patil of offences punishable under Sections 498A(a)(b) and 377 of the Indian Penal Code. The complainant, Smt. Shivpriya, married the respondent on 18/6/1997. She alleged that at the time of marriage, the respondent demanded a diamond ring worth Rs.10,000, which was fulfilled by her brother. After marriage, the couple moved to the respondent's flat in Dahisar, Mumbai, on 10/6/1997. The complainant and her sister Chandralekha were shocked to find the flat empty of household articles. On 21/6/1997, Chandralekha purchased household articles worth Rs.45,000. On 22/6/1997, the complainant alleged that the respondent slapped her, abused her, and forced her into unnatural sex when she refused his demand for sexual intercourse. The next day, the respondent warned her not to disclose the incident and demanded encashment of Kisan Vikas Patra certificates worth Rs.25,000 and Unit Trust of India certificates worth Rs.50,000. The complainant later lodged a complaint. The trial court acquitted the respondent, finding the complainant's testimony inconsistent and lacking corroboration. The High Court, in appeal, examined the evidence and found that the complainant's version was contradictory, her sister Chandralekha did not support the allegations, and the medical evidence did not indicate unnatural sex. The court held that the acquittal was not perverse and dismissed the appeal.
Headnote
A) Criminal Law - Cruelty by Husband - Section 498A IPC - Acquittal - Appeal against acquittal - Complainant's testimony found inconsistent and unreliable - No independent corroboration of allegations of demand for dowry or cruelty - Held that acquittal was not perverse and did not warrant interference (Paras 1-15). B) Criminal Law - Unnatural Sex - Section 377 IPC - Acquittal - Medical evidence did not support allegations of unnatural sex - Complainant's version contradictory and uncorroborated - Held that acquittal was proper (Paras 1-15).
Issue of Consideration
Whether the acquittal of the respondent for offences under Sections 498A and 377 IPC was perverse and liable to be set aside.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the trial court are upheld.
Law Points
- Acquittal upheld
- Inconsistent evidence
- Lack of corroboration
- Unreliable testimony
- Medical evidence not supporting unnatural sex
- Section 498A IPC
- Section 377 IPC
