RUPAM PRALHAD BHARTIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival submissions at length. Also heard learned Advocate Shri Aabad Ponda who was appointed as an amicus curiae to assist the Court considering the technicalities in the matter. Perused the various documents annexed to the present Revision Application including the notes of evidence as to the substantive evidence of of nine prosecution witnesses examined before the J.M.F.C. Thane.

(2.) Vide order dt. 10.4.2008 the J.M.F.C. at Thane convicted the present applicanthusband for the offences punishable under Sections 498A and 323 of Indian Penal Code and was sentenced to suffer RI for one year and to pay fine of Rs.10,000/, in default, to undergo SI for three months for the offence punishable under Section 498A IPC. The applicant/accused was sentenced to suffer RI for three months for the offence punishable under Section 323 of IPC. He was acquitted of the offence punishable under Section 504 of IPC. The said judgment and order of conviction dated 10 th April, 2008 passed by the J.M.F.C., Thane was challenged by the accused/ husband before the Sessions Court, Thane vide Criminal Appeal No.82 of 2008. Said appeal was finally heard and disposed of by order dated 14.1.2011 by the Additional Sessions Judge, Thane. The appeal was partly allowed. Conviction under Section 323 of IPC was quashed and set aside, however, the conviction and sentence for the offence punishable under Section 498A was maintained. Being aggrieved by the said judgment and order in Criminal Appeal No.82 of 2008, present Criminal Revision Application was preferred before this Court.

(3.) The case of original complainant, as transpired from her FIR and as per the substantive evidence before the trial Court, can be narrated in nutshell as under :