Parents Merely Stating That 'Daughter Was Unhappy' And 'Often Wept' Insufficient To Convict In-laws & Husband U/S 498A IPC: Bombay High Court

The Bombay High Court has held that the in-laws or husband of a woman cannot be convicted under charges of cruelty punishable under section 498-A (cruelty) of the Indian Penal Code (IPC) merely on the basis of the statements of the wife's parents that their daughter was 'unhappy' in the marriage and often 'wept' in front of them due to the alleged harassment by her in-laws. Single-judge Justice Milind Sathaye quashed a November 17, 1998, judgment of a Sessions Court in Pune, which convicted one Ramprakash Manohar under charges of sections 498A and 306 (abetting suicide) for the suicide of his wife Rekha, who allegedly drowned herself in a river in Pune's Bopodi area in November 1997.The judge noted the allegation against the appellant that he demanded money from his wife, Rekha, who brought the same from her parents and even brought a 'sewing machine' on the demand of her in-laws. The judge noted form the record a specific incident wherein during the Diwali of 1997, the appellant and his parents told Rekha's father that if he wanted to take her to his home, he could take her, but none from the matrimonial house would come to take her back and that she should either come on her own or with her parents. The judge further took into consideration the fact that when Rekha went missing on November 13, 1997 her parents lodged a complaint with the police but did not mention any harassment or cruelty meted out to their daughter by the appellant or his parents. In his November 4 order, Justice Sathaye said that the prosecution failed to prove or bring on record the necessary ingredient of cruelty in the form of conduct of such nature as is likely to drive a woman to commit suicide or harassment of a woman with a view to coercing her or a person related to her to meet unlawful demand for any property or valuable security. "Mere statements that the deceased daughter used to be unhappy and used to weep is not sufficient to conclude beyond reasonable doubt that there was harassment or conduct of such nature and degree that it will drive a woman to commit suicide. In my view, the evidence on record as indicated above is not sufficient to conclude cruelty as contemplated under section 498-A of IPC beyond reasonable doubt," the judge held. Further, the court noted that the matrimonial house of the deceased was situated in an area where there were no individual latrines available and people used common public toilets and even used the river bank for such purpose. This was in response to the defence of the appellant that Rekha might have slipped into the river.With these observations, the bench quashed and set aside the 1998 judgment of the Pune Sessions Court, which sentenced the appellant to three years' rigorous imprisonment. Appearance:Advocates Pawan Mali and Deepak More appeared for the Appellant.Additional Public Prosecutor Vinit Kulkarni represented the State.Case Title: Ramprakash @ Popat Govind Manohar vs State of Maharashtra (Criminal Appeal 885 of 1998)Click Here To Read/Download Judgment

Parents Merely Stating That 'Daughter Was Unhappy' And 'Often Wept' Insufficient To Convict In-laws & Husband U/S 498A IPC: Bombay High Court

Narsi Benwal

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