Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court

The Supreme Court observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.

In this case, the accused were convicted for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. In appeal before the Apex Court, it was contended that, as the marriage between the parties has been held to be null and void by the judgment of the High Court of Madras, the conviction under Section 498-A IPC would not be sustainable. Reliance was placed on the decision in Shivcharan Lal Verma v. State of Madhya Pradesh  (2007) 15 SCC 369.

"Undisputedly, the marriage between the appellant No.1 and PW-1 has been found to be null and void. As such the conviction under Section 498-A IPC would not be sustainable in view of the judgment of this Court in the case Shivcharan Lal Verma's case supra.", the bench of Justices B R Gavai and Vikram Nath observed.

Regarding the conviction under Sections 3 and 4 of the Dowry Prohibition Act, the court noted that the trial Judge by an elaborate reasoning, arrived at after appreciation of evidence, has found that the prosecution has failed to prove the case beyond reasonable doubt.

"In an appeal/revision, the High court could have set aside the order of acquittal only if the findings as recorded by the trial Court were perverse or impossible.We do not notice any perversity in the approach adopted by the learned trial Judge. The view taken by the trial Court also cannot said to be impossible.", the bench said.

Therefore, allowing the appeal, the bench acquitted the appellants.

Case details

P Sivakumar vs State |  2023 LiveLaw (SC) 116 | CrA 1404-1405 OF 2012 | 9 Feb 2023 | Justices B R Gavai and Vikram Nath

For Appellant(s) Mr. S.Nagamuthu, Sr. Adv. Mr. S. Mahendran, AOR Mr. B.Vinodh Kanna,Adv. Mr. Purushothaman Reddy,Adv. Mr. Kaustubh Shukla, AOR

For Respondent(s) Dr. Joseph Aristotle S., AOR Mr. Shobhit Dwivedi, Adv. Ms. Vaidehi Rastogi, Adv. Mr. B.Vinodh Kanna,Adv. Mr. Purushothaman Reddy,Adv. Mr. Kaustubh Shukla, AOR Mr. S.Nagamuthu, Sr. Adv. Mr. S. Mahendran, AOR

Headnotes

Indian Penal Code, 1860 ; Section 498A - When marriage has been found to be null and void,  the conviction under Section 498-A IPC would not be sustainable- Shivcharan Lal Verma v. State of Madhya Pradesh (2007) 15 SCC 369. (Para 7)

Code of Criminal Procedure, 1973 ; Section 378, 397-401 - In an appeal/revision, the High court could have set aside the order of acquittal only if the findings as recorded by the trial Court were perverse or impossible.(Para 7)

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