Karnataka High Court: The Karnataka High Court acquitted the accused whereas giving an essential verdict in an Indian Penal Code (IPC) part 498A (cruelty to a married girl). A grievance was lodged towards the 46-year-old man by his second spouse. The High Court discovered that this marriage itself is invalid, in such a case no case will be made out towards the accused.
In accordance with PTI, Justice S Rachaiah, listening to in a single bench, said in his judgement, when the complainant girl is said to be the second spouse, then the grievance towards the petitioner (husband) for the offense beneath part 498A of the IPC shouldn’t be entertained. The bench said, the grievance filed by the second spouse towards the husband and his in-laws is not maintainable. The court docket additionally said that the decrease court docket had made a mistake in making use of the legislation on this facet whereas giving the verdict.
Trial court docket convicted
The High Court gave this determination whereas listening to the revision petition of Kantaraju, a resident of Tamkuru district of Karnataka. The complainant girl had claimed that she was the second spouse of Kantaraju and so they had lived collectively for 5 years. He additionally has a son. Later the girl grew to become a sufferer of paralysis and have become helpless. The girl instructed that Kantaraju began torturing her after this.
The girl filed a grievance towards her husband. The trial court docket discovered him responsible in January 2029 after the listening to. In October the similar yr, the determination of the trial court docket was additionally accepted by the periods court docket as right. Kantaraju had filed a revision petition in the High Court towards the verdict.
Second spouse not entitled to complain
The High Court noticed that the second spouse was not entitled to make a grievance beneath 498A and on this foundation put aside the order of the decrease court docket. The High Court said that the prosecution has to show that the marriage is authorized or that she is the legally wedded spouse of the petitioner.
Citing the Supreme Court’s determination
The High Court, referring to the Shivcharan Lal Verma and P. Shivakumar case of the Supreme Court, said, “It is clear from these two judgments of the Supreme Court that if the marriage between husband and spouse has ended as null and void, then the offense beneath Part 498A of IPC can’t be sustained.” Setting apart Kantharaju’s conviction, the court docket famous that the proof proved that the girl was the petitioner’s second spouse.
Based mostly on inputs from PTI
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