Case Note & Summary
The case involves a criminal revision application filed by Rupesh Haribhau Mundle against his conviction under Section 497 of the Indian Penal Code (IPC) for adultery. The Judicial Magistrate First Class, Bhiwapur, convicted the applicant on 22/5/2015 in Summary Criminal Case No. 41/2010, and the Additional Sessions Judge, Nagpur, confirmed the conviction on 2/1/2018. The applicant challenged these judgments before the Bombay High Court at Nagpur. The core legal issue was whether the conviction could be sustained after the Supreme Court in Joseph Shine v. Union of India (2018) declared Section 497 IPC unconstitutional. The applicant's counsel argued that the declaration has retrospective effect, citing Maj. Genl. A. S. Gauraya v. S. N. Thakur. The High Court agreed, noting that the Supreme Court had struck down Section 497 as unconstitutional. Applying the principle that a declaration of unconstitutionality operates retrospectively, the High Court held that the conviction under a void provision cannot stand. Consequently, the revision application was allowed, the judgments of the lower courts were set aside, and the applicant was acquitted of the charge under Section 497 IPC.
Headnote
A) Constitutional Law - Retrospective Effect of Declaration of Unconstitutionality - Section 497 Indian Penal Code, 1860 - The Supreme Court in Joseph Shine v. Union of India declared Section 497 IPC unconstitutional. The High Court held that such declaration has retrospective effect, relying on Maj. Genl. A. S. Gauraya v. S. N. Thakur, and thus the conviction under the struck-down provision cannot stand. (Paras 5-7) B) Criminal Law - Adultery - Section 497 Indian Penal Code, 1860 - The applicant was convicted for adultery under Section 497 IPC. Following the Supreme Court's decision in Joseph Shine v. Union of India striking down the section, the High Court set aside the conviction and sentence, acquitting the applicant. (Paras 2-7)
Issue of Consideration
Whether the conviction under Section 497 of the Indian Penal Code can be sustained after the Supreme Court declared the provision unconstitutional in Joseph Shine v. Union of India.
Final Decision
The revision application is allowed. The judgments of the Judicial Magistrate First Class, Bhiwapur dated 22/5/2015 and the Additional Sessions Judge, Nagpur dated 2/1/2018 are set aside. The applicant is acquitted of the offence punishable under Section 497 of the Indian Penal Code.
Law Points
- Section 497 IPC declared unconstitutional
- retrospective effect of declaration of unconstitutionality
- cessante ratione legis cessat ipsa lex
