Case Note & Summary
The revision petitioner, Babanrao Dnyandoba Shinde, was the husband of the informant Suvarna Shinde. Their marriage was solemnized in 1993. The wife alleged that after marriage, she stayed with the husband for only five days, during which he demanded dowry and subjected her to cruelty. She lodged an FIR at Tasgaon Police Station. The trial court convicted the husband under Section 498A IPC and sentenced him to three years rigorous imprisonment, also ordering him to pay Rs.70,000 compensation to the wife, with default sentence of six months. The appellate court confirmed the conviction and sentence. The husband filed a criminal revision before the Bombay High Court challenging the appellate order. The High Court heard arguments from both sides. The court examined the evidence and found that the concurrent findings of fact were based on credible testimony and were not perverse. The court held that the ingredients of Section 498A IPC were satisfied as the husband had demanded dowry and caused cruelty. The court also upheld the compensation order under Section 357 CrPC. Consequently, the revision petition was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Cruelty by Husband - Section 498A Indian Penal Code, 1860 - The revision petitioner/husband was convicted for subjecting his wife to cruelty by demanding dowry and causing harassment. The court held that the concurrent findings of the trial court and appellate court were based on evidence and not perverse, hence no interference in revision. (Paras 1-3) B) Criminal Procedure - Compensation to Victim - Section 357 Code of Criminal Procedure, 1973 - The court upheld the direction to pay compensation of Rs.70,000 to the victim wife, with default sentence of six months rigorous imprisonment, as it was within the power of the trial court. (Para 1)
Issue of Consideration
Whether the conviction of the revision petitioner under Section 498A IPC and the sentence of three years rigorous imprisonment and compensation of Rs.70,000 are sustainable in law.
Final Decision
The revision petition is dismissed. The conviction of the revision petitioner for the offence punishable under Section 498A of the Indian Penal Code and the sentence of rigorous imprisonment for three years and compensation of Rs.70,000 with default sentence are confirmed.
Law Points
- Cruelty under Section 498A IPC includes both physical and mental cruelty
- demand for dowry
- and harassment
- concurrent findings of fact cannot be interfered with in revision unless perverse or unreasonable
- compensation under Section 357 CrPC can be awarded to the victim.
