MD. MAHMOD ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner who is the husband of Ashima Khatoon has been convicted and sentenced to RI for 3 years with a fine of Rs.5000.00 under sec. 498A of the Indian Penal Code (in short, IPC) with a default stipulation to undergo SI for one month; and RI for 2 years with a fine of Rs.5000.00 under sec. 4 of the Dowry Prohibition Act with a default stipulation to undergo SI for one month.

(2.) The learned counsel for the petitioner submits that the accused has remained in jail for about five months.

(3.) In T.R. No. 200 of 2009, the learned trial Magistrate held that the offence under sec. 3 of the Dowry Prohibition Act is not attracted, however, on the basis of the evidence laid during the trial the prosecution could prove commission of the offence under sec. 4 of the Dowry Prohibition Act. The offence under sec. 498A IPC was also held proved but without any specific reasoning in this regard.