HARCUS LOBO RESIDING AT 23/53 CHURCH STREET MAZAGAON BOMBAY 400 010 Vs. HAROLD J DCOSTA RESIDING AT 1103 BRIDGE VIEW HANSRAJ ROAD BOMBAY 400 023

JUDGEMENT

(1.) HEARD advocate for the accused and learned APP Mr. Singhal for the State.

(2.) THE accused has been convicted by both the courts below for an offence under Section 497 of the Indian Penal code. The trial Court sentenced the accused for one month and fine of Rs. 5000/ -. The appellate Court only enhanced fine amount from Rs. 5000/- to Rs. 10,000/doing away with the substantive sentence of one month. Hence this revision. It appears that this case under Section 497 of the Indian Penal Code is of a peculiar characteristics and nature. It was started by way of private complaint filed by complainant Harold J. DCosta. He alleged that the accused had committed an offence of adultery with his wife while she was still bound by the marital tie. There is nothing strange in a husband making such allegation but the proof that is tendered by the complainant in support of his contention is rather unusual. Admittedly, the complainant has no where stated in his evidence that he had any personal knowledge of the so called relationship between his wife and the accused. He had never seen his wife with the accused in compromising position or in offending or objectionable manner indicative of their sexual relation. He has also no witness to support his case in this regard. He has no proof that the accused ever seen by any of his friends or relatives or any stranger in the company of his wife being a objectionable manner.

(3.) THE case of the complainant is based on one letter which he found in his own house which was allegedly written by his wife to the accused. In that letter Exhibit-1 the wife is alleged admitted her sexual intercourse with the accused and that letter Exhibit-1 is made basis of conviction by the trial Court as well as by the appellate Court.