Supreme Court cautions against over-implication of in-laws in 498A cases
New Delhi: The Supreme Court has issued a warning to state prosecution and the judiciary, urging caution to prevent the “over-implication” of in-laws in domestic harassment cases under Section 498A of the Indian Penal Code (IPC). The directive was delivered in a recent judgment by a Bench comprising Justices C.T. Ravikumar and Sanjay Kumar.
The warning came during the hearing of an appeal by a man, the brother-in-law of the victim, who was charged with harassment despite a lack of concrete evidence linking him to the alleged offence. The incident dates back to April 2011, and the appellant had married into the family just five months before the victim’s death.
The case began when the woman’s father lodged a complaint with Maharashtra Police, alleging that his daughter was subjected to mental and physical torture by her husband and in-laws to extort ₹5 lakh for purchasing a flat. The victim’s body was discovered with ligature marks and abrasions, leading to suspicions of foul play.
Despite the man’s claim of innocence, both the session’s court and the Bombay High Court dismissed his appeal, asserting his involvement. In the Supreme Court, the appellant argued that he had minimal interaction with the deceased and had no opportunity to harass her.
Justice Ravikumar, writing for the Bench, emphasized the prevalence of exaggerated complaints in such cases, stating, “Exaggerated versions of the incident are common, and over-implication is frequently observed.” The court underscored the need for judicial prudence in distinguishing genuine cases from those involving baseless allegations, to prevent unjust suffering.
The judgment further criticized the lower courts for delivering a “perverse” finding of guilt against the appellant, noting the complete lack of evidence connecting him to the offence.“The appellant has suffered ignominy and legal consequences without any material evidence against him,” the Bench observed, setting aside the conviction.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Lok Sabha adjourned till 12 noon after obituary tributes
New Delhi (PTI): The Lok Sabha was adjourned till 12 noon on Monday after paying tributes to departed members of the House, including two MPs who won the parliamentary elections this year.
As soon as the House met on the first day of the Winter Session, Speaker Om Birla mentioned the deaths of Vasantrao Balwantrao Chavan, who was elected to the House from Nanded constituency in Maharashtra and Sk Nurul Islam, who was elected from the Basirhat seat in West Bengal.
Birla also mentioned the deaths of three former members -- M. M. Lawrence (Kerala), M Parvathi (Andhra Pradesh) and Harischandra Devram Chavan (Maharashtra) -- and paid respects to them.
After the House remained silent for some time as a mark of respect to the departed leaders, the Speaker adjourned the House till 12 noon.
Prime Minister Narendra Modi, Defence Minister Rajnath Singh, Home Minister Amit Shah, DMK leader T R Baalu, and Congress' Gaurav Gogoi were among those present in the Lower House.
Ravindra Vasantrao Chavan, son of deceased MP Vasantrao Balwantrao Chavan, got elected as MP from Nanded in the just concluded by-elections.
