sec.498A IPC – no complaint was made by Malathi or her parents regarding any dowry related harassment – no conviction under sec.498 A IPC= Charges were framed against A-1, A-2 and A-3 for offences punishable under Sections 498A, 302 read with Section 34 IPC and also under Section 4-A(1)(2)(i) of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 (1998 Act, for short). Court of Sessions at Cuddalore by its judgment and order dated 11.09.2006 in Sessions Case No.82/2006 found A-1 guilty of offences punishable under Section 302, 498A IPC and under Section 4-A(1)(2)(i) of 1998 Act. The appellants were acquitted of the 5 charges under Section 302 IPC and Section 4-A(1)(2)(i) of 1998 Act but were convicted for the offences under Section 498A IPC = The evidence in the present case shows that after the letter was sent by Malathi to the office of Chief Minister, inquiries were conducted by the police. The evidence further indicates that at that juncture, no complaint was made by Malathi or her parents regarding any dowry related harassment. Further, she was brought to Cuddalore on 08.12.2003 where the couple used to live separately and the incident in question occurred on the intervening night between 8th and 9th December, 2003. In the circumstances, 7 the evidence on record is completely inadequate to bring home the charge against the appellants. We have gone through the entirety of the matter and in our considered view, both the appellants are entitled to acquittal.
1 Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1340 OF 2013 Manoharan & Anr. ….Appellants Versus State Rep. by Inspector of Police …. Respondent J U D G M E N T Uday Umesh Lalit, J. 1. In this appeal by special leave, appellants (original accused Nos.2 and 3) question… Read More sec.498A IPC – no complaint was made by Malathi or her parents regarding any dowry related harassment – no conviction under sec.498 A IPC= Charges were framed against A-1, A-2 and A-3 for offences punishable under Sections 498A, 302 read with Section 34 IPC and also under Section 4-A(1)(2)(i) of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 (1998 Act, for short). Court of Sessions at Cuddalore by its judgment and order dated 11.09.2006 in Sessions Case No.82/2006 found A-1 guilty of offences punishable under Section 302, 498A IPC and under Section 4-A(1)(2)(i) of 1998 Act. The appellants were acquitted of the 5 charges under Section 302 IPC and Section 4-A(1)(2)(i) of 1998 Act but were convicted for the offences under Section 498A IPC = The evidence in the present case shows that after the letter was sent by Malathi to the office of Chief Minister, inquiries were conducted by the police. The evidence further indicates that at that juncture, no complaint was made by Malathi or her parents regarding any dowry related harassment. Further, she was brought to Cuddalore on 08.12.2003 where the couple used to live separately and the incident in question occurred on the intervening night between 8th and 9th December, 2003. In the circumstances, 7 the evidence on record is completely inadequate to bring home the charge against the appellants. We have gone through the entirety of the matter and in our considered view, both the appellants are entitled to acquittal.