SOPAN VITHAL SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Revision Application is heard finally by consent and is being disposed of at the stage of admission.

(2.) The long and short of the prosecution case is that the petitioner, who is husband of complainant PW Sindhu, threatened her of dire consequences due to her refusal to give divorce to him. The complainant is gainfully employed as a staff nurse in Government Medical College and Hospital, Aurangabad. Petitioner is an advocate. They married somewhere in 1987-1988. The marriage was unhappy affair for both of them. The spouses fell apart somewhere in 2000. The marriage was on rocks. The wife is admittedly residing separately since about 2000. The petitioner desired divorce from her, but she refused to accede to his demand. The petitioner was infuriated due to refusal of the wife to give divorce.

(3.) The petitioner sent a letter dated 8th December, 1999 to the Chief Matron under whom the wife (PW Sindhu) was working. In the said letter, he imputed unchastity to PW Sindhu, alleging her extramarital sexual relations with others and called her a prostitute. The letter was written in a very crude and vulgar language. The Chief Matron thereafter called PW Sindhu in the office and gave her the letter for reading. Both of them were shocked on reading of the letter. Then, PW Sindhu recalled the threats given by the petitioner and identified handwriting of the letter as that of the petitioner. She, however, did not take immediate action. The petitioner subsequently wrote four similar letters containing allegations of extramarital relations of PW Sindhu with the workers of Bajaj Company and others. The letters in slang language, alleged that she was indulging in sexual escapades with variety of persons including the workers of Bajaj Company. Those letters prompted PW Sindhu to lodge a report at City Chowk Police Station, Aurangabad. The police carried out certain investigation and chargesheeted the petitioner for offences punishable under section 292 and 500 of the I.P. Code.