Sentence Reduced, Fine Upheld: A Husband's Legal Battle in 498A IPC Case.


02 December 2024 Criminal Trial >> Criminal Law  

The Revision Application in the matter of Ravindra Waghu Jadhav v/s The State of Maharashtra, At the instance of PSO Igatpuri Police Station, Nashik, is filed by the Applicant (husband) to challenge the conviction and sentence under Section 498A of the Indian Penal Code, 1860. The Sessions Court upheld the Trial Court's conviction, sentencing the Applicant to 3 months of Rigorous Imprisonment (R.I.) and a fine of Rs. 1000. The Applicant, a 67-year-old retired engine driver, was accused by his wife (the complainant) of cruelty and dowry demands.

 

 

The wife and the Applicant had been married for over 20 years and had three children. In her letter to the Court, the wife stated that they have been living happily together since 2010 after resolving their differences, including those related to the Applicant's alleged relationship with a third person named Maria. The complainant acknowledged that they had been living together harmoniously for several years and had three children together. The Trial Court convicted the Applicant, primarily based on the testimony of the wife and corroborated by medical evidence. However, the defense pointed to omissions and discrepancies in the testimony, such as the injury certificates being issued several days after the incidents in question and the failure to examine the medical officer.

The Court found that the sentence of 3 months was excessive given these discrepancies and the fact that the Applicant had already served 12 days of sentence. Therefore, the sentence was reduced to 12 days, which had already been served, while the fine of Rs. 1000 was upheld. The Applicant is directed to pay the fine within two weeks. He was also noted to be taking care of his sick wife, and his bail bond was canceled.
  

Indian Penal Code, 1860