The
Hon’ble Supreme Court Acquited Appellants Due to Lack of Evidence to Prove
Mental Cruelty U/S 498a
The prosecution case was
that the husband, Rakesh had an extra marital affair with Jasuben, a divorcee.
This illicit relationship shattered his marital relation with his deceased wife
Biniben. The said Biniben committed suicide on 4/3/04 by consuming poison. The
death of the deceased was known to her parents only on 17/3/04. After the knowledge of her suicide her mother
filed complaint at Jamnagar police station and pursuant to the statement of 21
witnesses the police filed charge sheet u/s 498 A, 306, 201 and 114 of IPC
against father-in -law of the deceased as accused 1, husband as Accused 2,
mother-in-law as accused 3 and Jasuben as Accused 4. The elder brother and wife
of accused 2 were exonerated by the trial court due to lack of evidence against
them. Other accused were convicted by the trial court and they preferred appeal
in the High court The Honorable high court also upheld the conviction of the
trial court. Against the finding of high court the appellants moved appeal
before the Apex court.
The Bench presided over
by Justice Sudhanshu Jyoti Mukhophadya and Justice Deepak Misra had scrutinized
minute aspects of the sections the appellants have been charged, and with
reference of similar citations reached the conclusion to acquit the appellants.
The SC observed that the
prosecution had produced and based on the deposition of PW 21 the sister of the
deceased it was quite clear the deceased had obtained a divorce with 2nd
accused and stayed on the terrace of the house. She had also intimated that
after the festival of Holi she will return to her parental house.
The apex court further
analyzed whether the charges framed u/s of IPC is applicable to the appellants
in the instant case. The alleged charges of mental cruelty inflicted on the
deceased by her husband owing to his extramarital affair wouldn’t attract
Section 498 A as the cruelty defined in the section require proper evidence of
such imposition of harassment on the deceased. The court observed that the in
laws of the deceased were alleged to take her daily earnings but that was also
not proved. Any torture stated in Section 498 A and demand of dowry is
not committed by accused and hence alleged cruelty by them in laws is also not
proved and does not attract the explanation cruelty or harassment in section
498 A.
The endurance of mental
cruelty depends on the mental status of each individual as per the court and
the Bench affirmed that a fact of husband having an illicit relation imposed
mental cruelty on the deceased is not proved by any strong undeniable evidence
or fact. Another point of consideration by the court was the element of
abetment or instigation u/s 306. Court observed that the suicide note of the
deceased states that she was possessive about her husband and due to emotional
stress she relieved her husband through the act of suicide that does not come
under the ambit of abetment stated in section 306.
On the conclusion Apex
Court has found that the accused appellants are not guilty u/s 306 and 498A of
IPC hence the conviction is not sustainable u/s 201. The appellants were
acquitted on the light of the above findings.
[Ghusabhai Raisangbhai Chorasiya & Others
Vs State of Gujarat – 2015 AIR SCW 3950]
Prepared
by: S. Hemanth
Advocate
at Hemanth
& Associates
