Bombay High Court Sets Aside Conviction in 498A Case Based on Allegations of Illicit Relationship

In a recent ruling, the Bombay High Court overturned a conviction under Section 498A of the Indian Penal Code (IPC), which was primarily based on accusations of the husband having an illicit relationship with his sister-in-law.

Justice Abhay S. Waghwase, presiding over the case, stated that “there is no convincing and legally acceptable evidence to accept the prosecution case regarding the charge under Section 498-A.” The court found essential ingredients to attract the charge were lacking.

Brief Facts:

The case involved the deceased’s husband, mother-in-law, and sister-in-law who were tried for offenses under Sections 302 and 498A of the IPC. While the sister-in-law was acquitted of all charges, the husband and mother-in-law were convicted under Section 498A.

Contentions of the Appellants:

It was alleged that the deceased discovered her husband’s illicit relationship with his younger brother’s wife and reported it to her family. The accused feared the deceased would expose these relations and subsequently strangled her.

Ingredients of Section 498A IPC:

The court analyzed the ingredients of Section 498A of the IPC to determine if cruelty was inflicted upon the deceased. It noted a delay in lodging the First Information Report (FIR) and highlighted that the FIR did not mention mistreatment or death threats against the deceased.

Is the husband’s illicit relationship with sister-in-law cruelty under IPC 498A?

Referring to previous cases, the court emphasized that the mere existence of an illicit relationship does not necessarily constitute cruelty under Section 498A. It must be of such nature as to drive the spouse to commit suicide.

Observations of the Court:

The court concluded that there was insufficient evidence to support the prosecution’s case under Section 498A. It noted the absence of essential ingredients required to sustain the charge.

Decision of the Court:

The court allowed the appeal and set aside the conviction of the appellants. They were acquitted of the offense punishable under Section 498A of the IPC.

Cases Referred for Ingredients of ‘Cruelty’:

• Giridhar Shankar Tawade v. State of Maharashtra, 2002
• Gurnaib Singh v. State of Punjab, 2013
• State of Andhra Pradesh v. M. Madhusudhan Rao, 2008
• Bhaskar Lal Sharma vs Monica & Ors, 2016
• K. Subba Rao & Ors. Vs. The State of Telangana and Ors., 2018

Case Title: Tukaram & Anr. vs State of Maharashtra

Case No.: Criminal Appeal No. 706 of 2002

Citation: 2024 Latest Caselaw Bom

Coram: Justice Abhay S. Waghwase

Advocates for the Appellants: Mr. U. B. Bondar, Advocate

Advocates for the Respondent-State: Mr. N. D. Batule, APP